To implement revisions related to the statewide effort by the Florida Department of Environmental Protection (DEP) and the five water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP), minimum flows and ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-2.021Definitions

40D-2.031Implementation

40D-2.041Permits Required

40D-2.051Exemptions

40D-2.091Publications Incorporated by Reference

40D-2.101Content of Application

40D-2.301Conditions for Issuance of Permits

40D-2.321 Duration of Permits

40D-2.331Modification of Permits

40D-2.341Revocation and Cancellation of Permits

40D-2.351Transfer of Permits

40D-2.361Renewal of Permits

40D-2.371Ten Year Compliance Reporting

40D-2.381Standard Permit Conditions

40D-2.401Identification Tags

40D-2.501Permit Use Types

40D-2.621Water-Conserving Credits

40D-2.801Water Use Caution Areas

PURPOSE AND EFFECT: To implement revisions related to the statewide effort by the Florida Department of Environmental Protection (DEP) and the five water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs. Chapters 40D-1, 40D-2, 40D-8, 40D-20, 40D-21, and 40D-80, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual are being amended to (1) make the CUP rules less confusing for applicants; (2) treat applicants equitably statewide; (3) provide consistent protection of the environment; (4) streamline the application and permitting process; and (5) incentivize behavior that protects water resources, including water conservation.

SUMMARY: The proposed amendments: (1) eliminates several permit types resulting in only individual water use permits and general water use permits by rule; (2) reclassifies specified activities from exempt activities to activities authorized by a general permit by rule; (3) limits when the requirement that contiguous properties be served by a consolidated individual water use permit; (4) incorporates by reference new and revised applications and forms; (5) includes hyperlinks for forms; (6) deletes obsolete forms; (7) incorporates the newly structured and revised Water Use Permit Information Manual Part B; (8) conforming changes to ensure that there are no increased regulatory requirements for those applicants now required to receive an individual permit; (9) conforming changes to reflect changes to chapter 40D-2 and the Water Use Permit Information Manual Part B; (10) revises conditions for issuance; (11) incorporates recent legislative changes; (12) clarifies the permit modification process and the appropriate applications to be used; (13) authorizes the extension of a permit expiration due date to demonstrable conservation savings; (14) provides provisions related to the 10 year compliance report and associated review; (15) incorporates new standard permitting conditions; (16) clarifies that designation of permit use types is only required for withdrawal quantities authorized by an individual permit; (17) creates two new permit use types; (18) conforms rules to the water Resource Implementation Rule on minimum flows and levels; (19) provides for modifications of permits by letter for certain types of projects or activities; (20) deletes obsolete and duplicative provisions; and (21) makes conforming, technical and clarifying changes.

In addition, the proposed amendments renames SWFWMD’s “Water Use Permit Information Manual Part B” to the “Water Use Permit Applicant’s Handbook Part B” and contains a consistent order of appearance as well as contain consistent criteria on several topics. The Applicant’s Handbook also includes the following revisions: (1) inclusion of an extension of the permit duration if conservation measures outlined in the Conservation Plan are achieved; (2) conformity of provisions related to changes made in Chapters 62-40 and 40D-2, F.A.C.; (3) a table of contents; (4) deletion of duplicative provisions; (5) deletion of obsolete provisions; (6) clarification regarding whether conservation credits may be relocated; (7) allowance for new conservation credit calculations at time of permit renewal; (8) terminology and technical revisions.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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, 373.118, 373.171 FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.229, 373.236, 373.239, 373.243, 373.227, 373.103, 373.203, 373.216, 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: SWFWMD Human Resources Director, [phone], ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or to [e-mail]. 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: Laura Donaldson, General Counsel, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone] or 1(800)836-0797 (Florida only), [e-mail] or Sonya White, Senior Legal Assistant, SWFWMD, 7601 US Hwy. 301, Tampa, FL 33637-6759, [phone], (Ext. 4660) or 1(800)836-0797 (Florida only), [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-2.021 Definitions.

The following definitions shall apply Districtwide when used in this chapter and in the District’s Water Use Permit Applicant’s Handbook Information Manual Part B, “Basis of Review” (WUP Applicant’s Handbook Basis of Review) incorporated by reference in Rule 40D-2.091, F.A.C., except as specifically limited:

(1) “Alternative water supplies” and “alternative water supply” is defined in Section 373.019(1), F.S. means saltwater; brackish surface water and brackish groundwater; surface water captured predominately during wet-weather flows; sources made available through the addition of new storage capacity for surface or ground-water; water that has been reclaimed after 1 or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; stormwater; and any other water supply source that is designated as non-traditional for a water supply planning region in the applicable regional water supply plan. Inclusion of reclaimed water and seawater in this definition of alternative water supplies does not alter the exemption from water use permitting for these sources (see Section 1.2, WUP Basis of Review).

(2)  “Annual Average” means the annual average quantities daily quantity that is the total quantity authorized by the District to be withdrawn from water sources in 1 year, divided by 365 days and expressed in gallons per day (gpd).

(3) “Change in Ownership or Control” with respect to Self-Relocation within the Southern Water Use Caution Area (SWUCA) and the Dover/Plant City Water Use Caution Area (D/PCWUCA) WUCA means a person other than the permittee that has been granted a real property interest or lease interest in the property subject to the permit; but does not include a person with a familial relationship to the permittee.

(4) No change.

(5) “Dover/Plant City WUCA” or “D/PCWUCA” means the Dover/Plant City Water Use Caution Area as described in paragraph 40D-2.801(3)(c)(d), F.A.C.

(6) “Drought Annual Average” means the annual average quantities daily quantity in the SWUCA that is the total quantity authorized by the District to be withdrawn in 1 calendar year for irrigation based on a two-in-ten year drought, divided by 365 days and expressed in gallons per day (gpd).

(7) through (8) No change.

(9) “New Quantities” means groundwater for annual average quantities and crop protection that is not currently authorized to be used for the intended use by the applicant. Within within the SWUCA, means groundwater that is not currently authorized to be withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant. Within the Dover/Plant City WUCA, “New Quantities” means groundwater for crop frost/freeze protection that is not currently authorized to be used withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant. This includes applications to modify existing permits to increase quantities, and/or change the Permit Use Type (affecting only the modified portion) and applications for an initial permit, but does not include a full or partial permit transfer. A modification to change crops or plants grown under an Agricultural Permit Use Type Classification or to change withdrawal location or Use Type that is authorized by the terms of the permit or site certification at the time of issuance, is not a change in Permit Use Type provided that the quantities do not increase. In addition, when land is mined and the land will be returned to the Use Type operation authorized under the water use permit (WUP) that existed prior to mining, such activity does not constitute a change in Use Type or New Quantity.

(10) “Reclaimed Water,” is defined in Section 373.019(17), F.S. except as specifically provided in Chapter 62-610, F.A.C., means wastewater that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility.

(11) No change.

(12) “Self-Relocation” means a permit modification that authorizes a permittee to move all or a portion of its withdrawal located within the SWUCA or D/PCWUCA Southern Water Use Caution Area to a new location or locations owned or controlled by the permittee within the SWUCA or D/PCWUCA, Southern Water Use Caution Area, with no change in ownership, control, or Use Type as set forth in Rule 40D-2.501, F.A.C., and no increase in quantities. Self-Relocation does not include changes in withdrawal location or Use Type that are authorized by the terms of the existing permit.

(13) through (14) No change.

(15)  “Water Use Permit” means a permit issued pursuant to part II of Chapter 373, F.S. and Chapter 40D-2, F.A.C., which shall also be referred to as a “WUP”.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421, 373.116, 373.117, 373.118, 373.149, 373.171,  373.216, 373.219, 373.223, 373.229, 373.239, 373.243, 373.709 FS. History–New 1-1-07, Amended 12-30-08, 4-27-10, 6-16-11,_________.

 

40D-2.031 Implementation.

(1) Historical Background.

(a) A program for issuance of permits authorizing the consumptive use of water was implemented commencing January 1, 1975, within the Hillsborough River, Northwest Hillsborough, Green Swamp, Alafia River, Coastal Rivers, Peace River, Withlacoochee River, and Pinellas-Anclote River Basins.

(b) This program was also implemented commencing August 3, 1977, within the areas annexed into the Peace and Withlacoochee River Basins and within the Manasota Basin.

(2) Amendments to these rules adopted June 9, 1989, shall become effective on October 1, 1989.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History–Readopted 10-5-74, Amended 9-4-77, 10-16-78, Formerly 16J-2.03, Amended 3-23-81, 10-1-89, Repealed_________.

40D-2.041 Permits Required.

(1) The District issues two types of WUPs, a general WUP by rule issued pursuant to subsection (3) and an individual WUP issued pursuant to subsection (4).  Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to any use, withdrawal or diversion of water.

(2)  A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same irrigation infrastructure or (b) are operated as a common enterprise.  However, when multiple use types, as defined in Rule 40D-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits.  This requirement to aggreate two or more properties shall not apply when the separate properties have existing individual permits that require metering for all withdrawals or the water user requests a permit modification to the permits to require metering for all withdrawals.

(3) A general WUP by rule is hereby established for withdrawals of water listed below that do not meet or exceed any permitting threshold.  The Governing Board hereby grants a General Permit by Rule for all non-exempt withdrawals of water within the District that satisfy the following criteria:

(a) The withdrawal of water if the following thresholds are met:

1. Total withdrawal capacity from any source or combined sources is less than 1,000,000 gpd annual average quantities;

2.  Annual average quantities from any source or combined sources is less than 100,000 gpd;

3.  Withdrawal is from a well having an outside diameter of less than 6 inches;

4.  Withdrawal is from a surface water body and the outside diameter of the withdrawal pipe or the sum of the outside diameters of the withdrawal pipes is less than 4 inches;

5. The withdrawal is not located within the MIA;

6. Are consistent with requirements of any applicable mandatory reuse zones; and

7. Does not exceed any of the specific thresholds identified in subsection (3) of this rule.

(b) Temporary uses for contamination cleanup, provided that:

1. The United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, the State of Florida Department of Health and Rehabilitative Services and other agencies have been appropriately notified of the cleanup activity;

2. Well construction permits are obtained from the District, including an acceptable plan for abandonment of these wells; and

3. The quantities authorized do not exceed the quantities in paragraphs 40D-2.041(3)(a)1. and 2., F.A.C.

(c) Temporary withdrawals from test wells, provided that an attendant testing program has been submitted to and approved by the District. A WUP must be obtained prior to converting a test well to a production well.

(d) Temporary dewatering for construction of buildings or other foundations and roadways or for installation of utility pipeline, cables, culverts, and catch basins.

(e) Water used strictly for fire fighting purposes.

The general permit by rule shall be subject to the standard conditions in Rule 40D-2.381, F.A.C. and any applicable special conditions for the use type.

(4) Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to any use, withdrawal, or diversion of water. An individual Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to withdrawal of water if any of the following thresholds are met or exceeded:

(a) Total withdrawal capacity from any source or combined sources is greater than or equal to 1,000,000 gpd annual average quantities gallons per day (gpd).

(b) Annual average quantities daily withdrawal from any source or combined sources is greater than or equal to 100,000 gpd.

(c) Withdrawal is from a well having an outside diameter of 6 inches or greater more at the surface.

(d) Withdrawal is from a surface water body and the outside diameter of the withdrawal pipe or the sum of the outside diameters of the withdrawal pipes is 4 inches or greater.

(e) In addition to the thresholds set forth in paragraphs (4)(a)-(d) (1)(a)-(d) above, a permit is required within the MIA as set forth in subparagraph 40D-2.801(3)(b)2., F.A.C., when withdrawal is from wells having a cumulative outside diameter greater than 6 inches at the surface, any of which wells is constructed after April 11, 1994. This paragraph (e) shall not apply to any proposed well less than 6 inches in diameter at the surface when it is of the same diameter or smaller than a well it replaces and an application to plug the replaced well in accordance with Rule 40D-3.531, F.A.C., is filed with the application to construct the replacement well in accordance with Rule 40D-3.041, F.A.C.

(5)(2) WUP categories are based on the combined annual average quantities daily water demand, defined as the total reasonable-beneficial water quantity necessary for the proposed water use, to be obtained during 1 year from ground water, surface water, alternative water supply, imported water or any other water source, divided by 365 days and expressed in gpd gallons per day (gpd). The District issues the following categories of WUPs:

(a) Individual.

WUPs for a combined annual average daily water demand of 500,000 gpd or greater are issued as individual WUPs.

(b) General.

WUPs for the following are issued by District staff as general WUPs, except as provided in Chapter 4, Section 4.3 A.1.a.ii.(4) of the WUP Basis of Review:

1. A combined annual average daily water demand less than 500,000 gpd but greater than or equal to 100,000 gpd; or

2. A combined annual average daily water demand less than 100,000 gpd when:

a. The drought annual average is 100,000 gpd or more in the Southern Water Use Caution Area;

b. Withdrawal is for mining or dewatering;

c. The primary withdrawal source is a surface water and the combined annual average daily water demand is at least 50,000 gpd;

d. The withdrawals are required by the permit to be metered and withdrawal quantities reported to the District; or

e. The maximum daily withdrawal quantity equals or exceeds 3,000,000 gpd for crop protection or other use unless at least one permitted withdrawal facility is located within the Dover-Plant City Water Use Caution Area and has frost/freeze protection quantities.

(c) Small General.

WUPs for a combined annual average daily water demand less than 100,000 gpd are issued as small general WUPs unless any criteria listed above for general WUPs apply. Small general WUPs are issued by staff.

(6) Notwithstanding the criteria enumerated in subsection (3), an individual WUP is required for all withdrawals of water:

(a) when the use of water does not meet the criteria in subsection (3); or

(b) evidence indicates the withdrawal is likely to cause adverse impacts to existing water or land uses or the water resources or the use is within an area that is experiencing or is projected to experience withdrawal-related adverse water resource or environmental impacts. The District shall require a WUP when evidence indicates the withdrawal is likely to cause significant adverse impacts to existing water or land uses or the water resource or the withdrawal is within an area that is experiencing or is projected to experience withdrawal-related adverse water resource or environmental impacts.

(7) Any person whose use otherwise meets the criteria for a general WUP as specified in paragraph (3) may submit an application to obtain an individual WUP at their sole discretion.

(8)(4) Upon the effective date of amendments defining WUPs as provided in subsection (2) above, any permit issued which, as a result of such amendments, is thereafter defined as a different permit for which a higher fee is required shall be converted by the District to the applicable permit without any fee payment. If a submitted application for a permit is pending as of the effective date of amendments defining WUPs and, as result of such amendments, will be issued as a permit requiring a higher application fee payment, no additional fee payment shall be required in order for the application to be considered complete.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.223, 373.224, 373.226 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(1), (2), (4), (5), Amended 9-1-84, 11-4-84, 10-1-89, 2-10-93, 4-11-94, 1-1-07, 12-30-08, 5-17-09, 11-2-09, 6-16-11,_________.

40D-2.051 Exemptions.

(1) No permit is required for the following uses:

(a) The domestic consumption Domestic consumption of water by individual users. The District shall presume, unless otherwise shown to the contrary, that any use of water exceeding the quantities set forth in Rule 40D-2.041(3), 40D-2.041, F.A.C., is not limited to individual domestic consumption and is not exempt by this provision.

(b) Those certified uses defined in Chapter 62-17, F.A.C., entitled Electrical Power Plant Siting effective April 14, 1986.

(c) Temporary withdrawals for contamination cleanup, provided that:

1. The United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, the State of Florida Department of Health and Rehabilitative Services and other agencies have been appropriately notified of the cleanup activity;

2. Well construction permits are obtained from the District, including an acceptable plan for abandonment of these wells; and

3. The quantities withdrawn do not exceed the quantities in paragraphs 40D-2.041(1)(a) and (b), F.A.C.

(d) Temporary withdrawals from test wells, provided that an attendant testing program has been submitted to the District. A WUP must be obtained prior to converting a test well to a production well.

(e) Temporary dewatering for construction of buildings or other foundations and roadways or for installation of utility pipeline, cables, culverts, and catch basins.

(2) All holders of permit agreements for water use executed or issued prior to July 1, 1973, shall remain in full force and effect in accordance with its terms unless otherwise modified or revoked by the Governing Board.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS., 76-243, Laws of Florida. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(3), Amended 10-1-89, 2-24-03,_________.

 

40D-2.091 Publications and Forms Incorporated by Reference.

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:

(a) Water Use Permit Applicant’s Handbook Part B Information-Manual Part B, Basis of Review for Water Use Permit Applications (also referred to as the WUP Applicant’s Handbook) (EFFECTIVE DATE) (HYPERLINK) Basis of Review) (2-18-13) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02196).

(b) Water Use Permit Applicant’s Handbook, Information Manual Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations” (1/09) (HYPERLINK). (1-20-09).

(2) The following forms for reporting information to the District are hereby incorporated by reference, and are available from the District upon request:

(a) Flow Meter Accuracy Report Verification Form, Form No. LEG-R.101.00 (EFFECTIVE DATE) (HYPERLINK). LEG-R.021.01 (4/09).

(b) through (e) No change

(f) Annual Crop Summary Report, Form No. LEG-R.102.00 (EFFECTIVE DATE) (HYPERLINK). Irrigation Water Use Form – Seasonal Crops, Northern Tampa Bay Water Use Caution Area, Form No. LEG-R.024.00 (4/09).

(g) Irrigation Water Use Form – Annual Crops, Northern Tampa Bay Water Use Caution Area, Form No. LEG-R.025.00 (4/09).

(g)(h) Public Supply Annual Report For General and Individual Permits Over 100,000 GPD Annual Average Quantities, Form No. LEG-R.103.00 (EFFECTIVE DATE) (HYPERLINK). LEG-R.023.00 (09/09).

(h)(i) SWFWMD Annual Reclaimed Water Supplier Report, Form No. LEG-R.26.00 (09/09) (HYPERLINK).

(j) Public Supply Annual Report General Water Use Permit For Less Than 100,000 GPD Annual Average Quantities, Form No. LEG-R.047.00 (09/09).

(i)(k) Florida Department of Environmental Protection’s Landscape Guidance: Models for Ordinances, Covenants, and Restrictions (1/09) (HYPERLINK)., 1/09;

(j)(l) Landscape Irrigation and Florida Friendly Design Standards, (12/2006) (HYPERLINK). dated December 2006; and

(k)(m) University of Florida’s Institute of Food and Agricultural Science’s Department of Fisheries and Aquatic Sciences publication “Regulations Pertaining to Non-native Fish in Florida Aquaculture” (FA121) (EFFECTIVE DATE) (HYPERLINK).

(l)(n) Flow Meter Pre-Installation Information Work Sheet, Form No. LEG-R.052.00 (9/12).

http://www.flrules.org/Gateway/reference.asp?No=Ref-02198.

(m)(o) Flow Meter Post-Installation Information Reimbursement Form, Form No LEG-R.053.00 (9/12).

http://www.flrules.org/Gateway/reference.asp?No=Ref-02199.

(n) Crop Protection Report Form, Form No. LEG-R.104.00 (EFFECTIVE DATE) (HYPERLINK).

(o) Water Use/Pumpage Report Form, Form No. LEG-R.105.00 (EFFECTIVE DATE) (HYPERLINK).

(p)  Water Quality Report Form, Form No. LEG-R.106.00 (EFFECTIVE DATE) (HYPERLINK).

(3) The following rules of the Florida Department of Environmental Protection: 62-40.416(7) and 62-40.416(8), effective May 6, 2013, which are hereby incorporated by reference as of May 6, 2013.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, 6-16-11, 12-12-11, 10-14-12, 2-7-13, 2-18-13,_________.

 

40D-2.101 Content of Application.

(1) In order to obtain a WUP, an applicant shall file with the District the appropriate “Water Use Permit Application” form including the appropriate supplemental forms or attachments as may be required for the type of permit and the water use or uses for which application is being made. The application shall consist of all completed forms and other documentation submitted in support of the application for the WUP, which shall constitute information sufficient to demonstrate that the water use meets the criteria and conditions established in Rule 40D-2.301, F.A.C.

(2) The following District application forms shall be used to obtain a new WUP or to renew an existing WUP. All permit application forms described herein have been approved by the District Governing Board and are incorporated by reference into this chapter. Forms are available upon request from the District’s website at www.WaterMatters.org or from District offices.

(a) Individual Water Use Permit.

Application for a new or renewal of an existing Individual WUP Water Use Permit shall be made using the Individual Water Use Permit Application, Form No. LEG-R.100.00 (EFFECTIVE DATE) (HYPERLINK). Applicants shall also submit one or more of the following Supplemental Forms as appropriate for each type of water use proposed in the permit application:

(1) In order to obtain an individual a WUP, an applicant shall file with the District a the appropriate “Water Use Permit Application” form including the appropriate supplemental forms or attachments as may be required for the type of permit and the water use or uses for which with application is being made. The application shall consist of all completed forms and other documentation submitted in support of the application for the WUP, which shall constitute information sufficient to demonstrate what the water use meets the criteria and conditions established in Rule 40D-2.301, F.A.C.

(2) The FOLLOWING District application forms shall be used to obtain a new WUP or to renew an existing WUP. All permit application forms described herein have been approved by the District Governing Board and are incorporated by reference into this chapter. Forms are available upon request from the District’s website at www.WaterMaters.org or from District offices.

(a) Individual Water Use Permit.

Application for a new or renewal of an existing Individual Water Use Permit shall be made using the Individual Water Use Permit Application, Form No. LEG-R.029.01 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01683). Applicants shall also submit one or more of the following Supplemental Forms as appropriate for each type of water use proposed in the permit application:

a.1. Water Use Permit Application Supplemental Form – Agricultural Use – Supplemental Form A, Agriculture,  Form No. LEG-R.030.02 (EFFECTIVE DATE) (HYPERLINK). LEG- R.020.01 (2/10) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00283).

b.2. Water Use Permit Application Supplemental Form – Industrial/ or Commercial Use – Supplemental Form B, Form No. LEG-R.031.01 (EFFECTIVE DATE) (HYPERLINK). LEG-R.031.00 (3/09).

c.3. Water Use Permit Application – Landscape/Recreation Use – Supplemental Form C, Form No. LEG-R.034.00 (EFFECTIVE DATE) (HYPERLINK).

d. Water Use Permit Application Supplemental Form – Mining/ or Dewatering Use – Supplemental Form D, Form No. LEG-R.112.00 (EFFECTIVE DATE) (HYPERLINK), LEG-R.032.00 (3/09).

e.4. Water Use Permit Application Supplemental Form – Public Supply Use – Supplemental Form E, Form No. LEG-R.033.02 (EFFECTIVE DATE) (HYPERLINK). LEG-R.033.01 (9/09).

f.5. Water Use Permit Application Supplemental Form –Other Use – Supplemental Form F, Recreation or Aesthetic, Form No. LEG-R.109.00 (EFFECTIVE DATE) (HYPERLINK). LEG-R.034.00 (3/09).

g. Water Use Permit Application – Institutional Use – Supplemental Form G, Form No. LEG-R.110.00 (EFFECTIVE DATE) (HYPERLINK).

(b) General Water Use Permit.

Application for a new or renewal of an existing general WUP shall be made using the General Water Use Permit Application Form, No. LEG-R.028.01 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01682). Applicants shall also submit one or more supplemental forms listed in paragraph (2)(a) above as appropriate for each type of water use proposed in the permit application. Applicants seeking an initial, renewal, or modification of a general WUP for a combined annual average daily water demand of less than 100,000 gallons per day for public supply use may submit the Small General Water Use Permit Application – Public Supply Attachment, Form No. LEG-R.034.00 (12/09), in lieu of the Water Use Permit Application Supplemental Form – Public Supply, Form No. LEG-R.033.01 (09/09).

(c) Small General Water Use Permit.

Application for a new small general WUP shall be made using the Small General Water Use Permit Application Form, No. LEG-R.027.01 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01681). To renew a small general WUP issued solely for agricultural use, application shall be made using the Application to Renew a Small General Water Use Permit for Agricultural Use Form, No. LEG-R.036.01 (9/12) (http://www.flrules.org/Gateway/Reference.asp?No=Ref-01687). Application to renew all other small general WUPs shall be made using the Small General Water Use Permit Application Form, No. LEG-R.027.01 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01681). One or more of the following Attachment Forms for a specific water use shall be submitted with the application form if the application proposes one of the specified water uses:

1 Small General Water Use Permit Application – Agriculture Attachment, Form No. LEG-R.037.00 (3/09).

2. Small General Water Use Permit Application – Industrial or Commercial Attachment, Form No. LEG-R.038.00 (3/09).

3. Small General Water Use Permit Application – Recreation or Aesthetic Attachment, Form No. LEG-R.039.00 (3/09).

4. Small General Water Use Permit Application – Public Supple Attachment, Form No. LEG-R.045.00 (12/09).

(d) Mining and Dewater WUP.

Application for a new or renewal of an existing WUP for mining and dewatering uses other than phosphate mining shall be made using the Water Use Permit Application – Mining and Dewatering Materials Other Than Phosphate, Form No. LEG-R.048.01 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01684). The application shall be categorized as an application for an individual or general WUP based upon the combined annual average daily water demand as provided in subsection 40D-2.041(2), F.A.C. Application for a new or renewal of a WUP for phosphate mining shall be made using the individual or general WUP application form and the Water Use Permit Application Supplemental Form – Mining or Dewatering, Form No. LEG-R.032.00 (3/09) incorporated herein by reference.

(2)(3) For projects that which require both a WUP and an environmental resource permit (ERP) a surface water management permit pursuant to District rules, the Applicant must demonstrate that a completed ERP surface water management permit application has been submitted. If the District determines that a permit application involves an area where the WUP may not be granted because of water resource problems, the requirement for a complete ERP surface water management permit application may be waived by the District.

(3)(4) The District may require additional information deemed necessary to protect the water resources and existing users.

(4)(5) Optional Application Forms.

The following forms may be used by applicants in support of permit applications, are hereby incorporated by reference and are available from the District’s website at www.WaterMatters.org or from the District offices:

(a) Proposed Well Construction Location and Design Form, Form No. LEG-R.006.01 (4/09) (HYPERLINK); and

(b) Agricultural Water Allotment Form, Form No. LEG-R.042.00 (4/09) (HYPERLINK).

(5)(6) Southern Water Use Caution Area Application Forms – .

In addition to the permit application and information forms identified in subsections (1)-(5) above, all applications applicants for permits in the Southern Water Use Caution Area (SWUCA) shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R.007.02 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01672) incorporated herein by reference. Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for the intended water use type as described in the WUP Applicant’s Handbook Part B.  The Chapters 3 and 4 of the Water Use Permit Information Manual, Part B “Basis of Review.” All SWUCA application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices:

(a) Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.010.01 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01674), incorporated herein by reference; and

(b) Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R.011.02 (9/12) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01675), incorporated herein by reference.

(6)(7) Dover/Plant City Water Use Caution Area Application Forms – In addition to the permit application and information forms identified in subsections (1)-(6) above, all applicants for permits in the Dover/Plant City Water Use Caution Area shall submit the “Dover/Plant City Water Use Caution Area Supplemental Form” – Form No. LEG-R.050.01 (08/11) http://www.flrules.org/Gateway/reference.asp?No=Ref-00742, incorporated herein by reference. Applicants in the Dover/Plant City WUCA shall also submit the “Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area” – Form No. LEG-R.051.00, (12/10) http://www.flrules.org/Gateway/reference.asp?No=Ref-00287, incorporated herein by reference, as appropriate for the intended water use as described in Chapters 3, 4 and 7 of the WUP Applicant’s Handbook. WUP Basis of Review described in Rule 40D-2.091, F.A.C. All application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363, 373.116, 373.117, 373.1175, 373.216, 373.229, 373.236, 403.0877 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, 7-1-09, 8-30-09, 10-26-09, 1-27-10, 4-27-10, 6-16-11, 12-12-11, 10-14-12,__________.

 

40D-2.301 Conditions for Issuance of Permits.

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

(a) Is a reasonable-beneficial use;

(b) Will not interfere with any presently existing legal use of water; and

(c) Is consistent with the public interest.

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

(a) Is a quantity that is necessary for economic and efficient use; 

(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;

(c) Will utilize a water source that is suitable for the consumptive use;

(d) Will utilize a water source that is capable of producing the requested amount;

(e) Except when the use is for human food preparation or direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible;

(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;

(g)  Will not cause harm to the water resources of the area in any of the following ways:

1.  Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion; 

2.  Will not cause harmful water quality impacts from dewatering discharge to receiving waters; 

3.  Will not cause harmful saline water intrusion or harmful upconing;

4.  Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and

5.  Will not otherwise cause harmful hydrologic alterations to the water resources of the area.

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

(i)  Will not use water reserved pursuant to Subsection 373.223(4), F.S.

(1) In order to obtain a Water Use Permit, an Applicant must demonstrate that the water use is reasonable and beneficial, is consistent with the public interest, and will not interfere with any existing legal use of water, by providing reasonable assurances, on both an individual and a cumulative basis, that the water use:

(a) Is necessary to fulfill a certain reasonable demand.

(b) Will not cause quantity or quality changes that adversely impact the water resources, including both surface water and groundwater.

(c) Will comply with the provisions of 4.2 of the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., regarding adverse impacts to wetlands, lakes, streams, estuaries, fish and wildlife or other natural resources.

(d) Will not interfere with a reservation of water as set forth in Rule 40D-2.302, F.A.C.

(e) Will comply with the provisions of 4.3 of the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., regarding minimum flows and levels (MFLs).

(f) Will utilize the lowest water quality the Applicant has the ability to use, provided that its use does not interfere with the recovery of a water body to its established MFL and it is not a source that is either currently or projected to be adversely impacted.

(g) Will comply with the provisions of 4.5 of the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., regarding saline water intrusion.

(h) Will not cause pollution of the aquifer.

(i) Will not adversely impact offsite land uses existing at the time of the application.

(j) Will not adversely impact an existing legal withdrawal.

(k) Will incorporate water conservation measures.

(l) Will incorporate use of alternative water supplies to the greatest extent practicable.

(m) Will not cause water to go to waste.

(n) Will not otherwise be harmful to the water resources within the District.

(3)(2) For projects that require both an ERP Environmental Resource Permit (ERP) and an individual WUP, a Water Use Permit (WUP), an application for an ERP must be deemed complete prior to issuance of the individual WUP when the design of the surface water management system can affect the quantities developed from the project site and the quantities needed to supply project water demands. The applicant may submit an application for a Conceptual ERP to satisfy this requirement, provided that the application contains information from which supplemental irrigation demands, potable water demands, other water use demands, and water supply quantities derived from the surface water management system can be calculated. Otherwise, the applicant shall submit an application for an Individual or General ERP. Phosphate mining projects are not required to have complete ERPs prior to WUP issuance. If the District determines that a permit application involves an area where there are water resource problems and due to the quantity, type or location of the proposed withdrawal it is unlikely that a water use permit will be issued, the requirement for a complete ERP application shall be waived by the District. Where such waivers are granted, and if a WUP is issued, it shall specify that a well construction permit will not be issued and that withdrawals cannot commence until the appropriate ERP is issued.

(4)(3) The standards and criteria set forth in the WUP Applicant’s Handbook Part B Basis of Review, incorporated in Rule 40D-2.091, F.A.C., shall be used to provide the reasonable assurances required in subsection 40D-2.301(1) and (2), 40D-2.301(1), F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229 FS. History–Readopted 10-5-74, Amended 12-31-74, 2-6-78, 7-5-78, Formerly 16J-2.11, 16J-2.111, Amended 1-25-81, 10-1-89, 2-10-93, 8-3-00, 4-14-02, 1-1-07, 5-26-10, 6-30-10,_________.

 

40D-2.321 Duration of Permits.

(1) When requested by an applicant, a WUP water use permit shall have a duration of 20 years provided the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B , Basis of Review, of the Water Use Permit Information Manual, incorporated by reference in Rule 40D-2.091, F.A.C. for the requested duration.

(2) If there are pre-existing adverse impacts resulting from the permittee’s existing permit that are being addressed through a mitigation plan that includes a minimum flow and recovery strategy that must be eliminated by the tenth year of the permit, the water use permit shall have a duration of 10 years provided that the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, Basis of Review, of the Water Use Permit Information Manual, incorporated by reference in Rule 40D-2.091, F.A.C. for the permit’s duration. Subsection (3) shall not apply to a permit required to have a 10 year duration pursuant to subsection 40D-2.321(2), F.A.C.

(3) Permits that do not qualify for a 20 year permit duration pursuant to subsection 40D-2.321(1), F.A.C., shall be issued for a shorter duration that reflects the period for which the applicant has provided sufficient data to demonstrate such reasonable assurances that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B., Basis of Review, of the Water Use Permit Information Manual, incorporated by reference in Rule 40D-2.091, F.A.C.

(4) The District is authorized to issue permits for a period up to 50 years in accordance with Section 373.236(3), F.S.

(5) If the permitted water use activity ceases for more than 2 years, the permit shall be subject to revocation unless documentation is provided indicating that use will recommence within the next year.

(5)(6) Permits that are modified prior to renewal will maintain the original expiration date unless the applicant requests the modification be deemed by the District to be substantial as described in the WUP Applicant’s Handbook Part B Basis of Review Section 1.4.11, 1.12, and treated as a renewal with modification. If the District determines that the criteria of the WUP Applicant’s Handbook Part B Basis of Review Section 1.4.11, 1.12 are met, the application shall be processed as a renewal application with modification. Notwithstanding paragraph 40D-2.331(2)(b), F.A.C., the WUP Applicant’s Handbook Part B Basis of Review Section 1.12(2)a.(5), a request for modification solely of the permit expiration date of a WUP water use permit issued from January 1, 2003 to December 31, 2012, shall be approved by letter, provided a Modification Short Form Application is submitted, the permit is in compliance with the criteria in Rule 40D-2.301, F.A.C. and all conditions of the permit, and the permit does not exceed the applicable permit duration provided in subsection 40D-2.321(1), F.A.C. or is a permit required to have a ten year duration pursuant to subsection 40D-2.321(2), F.A.C.

(6)(7) Wholesale Public Supply Permits shall be issued with an expiration date that coincides with the expiration date of the supplier’s permit that provides the majority of the supply to the Wholesale Public Supply Permittee.

(7) The District is authorized to issue permits for a period up to 37 years in accordance with Section 373.236(5)(b), F.S.

(8) Subject to the limitations on groundwater allocations explained in the provisions under the heading “REQUIREMENTS FOR APPLICANTS FOR GROUNDWATER WITHDRAWALS WITHIN THE CENTRAL FLORIDA COORDINATION AREA” set forth in Section 3.6 of the Basis of Review (“the Provisions”), within the CFCA, the maximum permit duration for a Public Supply Utility or Similar Applicant proposing to withdraw groundwater shall be limited to December 31, 2013, unless the applicant will satisfy the requirements of B.2.a. or b., of the Provisions. If the applicant satisfies the requirements of B.2.a., or b., the permit duration shall be up to 20 years.

Rulemake Authority 373.044, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07, 2-13-08, 12-30-08, 6-30-10, 1-1-13,_________.

 

40D-2.331 Modification of Permits.

(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. Notwithstanding, a permittee may seek modification for the sole purpose of modifying the expiration date if its pursuant to subsection 40D-2.321(5), F.A.C, or when a public water supply permittee achieves demonstrable savings attributable to implementation of a water conservation plan pursuant to Sections 2.4.8.6 and 2.4.8.7 of the Applicant’s Handbook. A permit expiration date may also be modified However, upon request and documentation by the permittee, if the modification application is applications that are deemed by the District to be substantial, as described in the WUP Applicant’s Handbook Part B Section 1.4.11 resulting in the modification application to Basis of Review Section 1.12 shall be processed as a renewal application with modification. A request for modification shall be reviewed in accordance with the rules in effect at the time the modification is filed.

(2) Modifications may be requested by:

(a) Formal Modification – A Formal Modification may be requested through use of an individual Formal application, using the same individual, general or small general WUP Application Form and applicable Supplemental or Attachment Form(s) submitted for a new permit as are incorporated in subsection 40D-2.101(1), F.A.C.; subsection 40D-2.101(2), F.A.C., or

(b) Letter Modification – A Letter Modification may be requested through Through use of a Modification Short Form Application, Form No. LEG-R.035.01 (EFFECTIVE DATE), LEG-R.035.00 (3/09), http://www.flrules.org/Gateway/reference.asp?No=Ref-02652, incorporated herein by reference and available at any District office or through the District’s website at www.WaterMatters.org. A Modification Short Form Application may be submitted, provided the annual average quantities daily withdrawal will not increase by more than 100,000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the modification does not cause the total annual average quantities daily quantity to equal or exceed 500,000 gpd, the proposed changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a permit term unless pursuant to subsection 40D-2.321(5), F.A.C. Within the SWUCA, except to reactivate standby quantities as provided in Section 2.2.4 1.12 of the WUP Applicant’s Handbook, Basis of Review, a Modification Short Form Application modification short form shall not be used for modifications that include a request to Self-Relocate or to increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level.

A Modification Short Form may be submitted to modify the permit to include or remove a project funded pursuant to Chapter 40D-26, F.A.C., and, if requested by permittee, extend the term of the permit for twenty years. The District shall not reduce permitted quantities conserved by the project funded pursuant to Chapter 40D-26, F.A.C., as long as the permittee operates the project and the conditions for issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C., are met.

(3) The District shall modify order the modification of any permit if it is shown that the use or disposition of water is detrimental to other water users or to the water resources or no longer meets the conditions for issuance identified in Rule 40D-2.301, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.171, 373.239 FS. History–Readopted 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09,_________.

40D-2.341 Revocation and Cancellation of Permits.

(1) No change.

(2) In determining whether the use is not reasonable beneficial or in the public interest, the Governing Board shall consider:

(a) through (b) No change.

(c) Any violation of any provision of this Chapter which the permittee Permittee does not resolve; or

(d) Nonuse of the water supply allowed by the permit for a period of 2 years or more unless the user can prove that the his nonuse was due to extreme hardship caused by factors beyond the permittee’s his control; or

(e) No change.

(3) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.171, 373.243 FS. History–Readopted 10-5-74, Formerly 16J-2.15, Amended 10-1-89, 2-1-05, 10-19-05,_________.

 

40D-2.351 Transfer of Permits.

(1) through (3) No change.

(4) Applications for partial transfers of permits shall be made in accordance with the WUP Applicant’s Handbook Part B Section 1.4.9, 1.10 of the District’s WUP Basis of Review.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219 FS. History–New 10-1-89, Amended 2-10-93, 3-30-93, 2-1-05, 10-19-05, 11-25-07, 8-30-09, 10-14-12,________.

 

40D-2.361 Renewal of Permits.

(1) No change.

(2)(a) Subsection (1) above shall be applicable to those permits that which are not extended pursuant to subsection 40D-2.321(5)(6), F.A.C., based on the expiration date on the face of the permit.

(b) Subsection (1) above shall be applicable to those permits that which are extended pursuant to subsection 40D-2.321(5)(6), F.A.C., based on the revised expiration date assigned to the permit.

Rulemaking Authority 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.103, 373.239 FS. History– Readopted 10-5-74, Formerly 16J-2.14(2), Amended 9-1-84, 10-1-89, 7-28-98, 4-7-08,_________.

 

40D-2.371 Ten Year Compliance Reporting.

Except for permits issued pursuant to subsection 373.236(6), F.S., permits issued for a duration of 20 years or longer shall require submittal of a compliance report under subsection 373.236(4), F.S., once every ten years, when necessary to maintain reasonable assurances that the conditions for issuance can continue to be met. Permits issued for greater than 20 years pursuant to subsection 373.236(6), F.S., shall require submittal of a compliance report once every five years.

The report shall include sufficient information to maintain reasonable assurance that the permittee’s use can continue, for the remaining duration of the permit, to meet the conditions for issuance set forth in the rules existing when the District issued the permit. After reviewing this report, the District will modify the permit, if required to ensure that the use of water authorized by the permit can continue to meet the conditions for issuance set forth in the rules existing when the District issued the permit. As required by Sections 120.569 and 120.60, F.S., the District shall provide notice of intent to modify the permit.

For all water use classes, when economic conditions or population growth rates result in the actual water use being lower than permitted water use, a modification to reduce the permitted allocation shall only be made by the District when there is no reasonable likelihood that the allocation will be needed during the permit term. For agricultural WUPs for irrigation, reductions in actual use compared to permitted withdrawal that are due to weather events, crop diseases, nursery stock availability, or changes in crop type shall not result in a permit modification by the District to reduce the permitted allocation during the term of the permit.

Additionally, in order to incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted allocation shall not be modified by the District due to these circumstances during the term of the permit.

Nothing in this subsection shall be construed to alter the District’s authority to reduce permitted withdrawals under circumstances not addressed by this section, nor be construed to alter the water conservation requirements of the permit for the duration of the permit.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.236 FS. History–New_________.

 

40D-2.381 Standard Permit Conditions.

(1) WUPs shall be conditioned, as necessary, to ensure that the permitted withdrawal continues to meet the conditions for issuance in Rule 40D-2.301, F.A.C.  There are two categories of permit conditions that will be applied to WUPs. Standard conditions contain general information and operational constraints that generally apply to all water uses unless waived or modified by the District upon a determination that the conditions are inapplicable to the use authorized by the WUP. Special conditions vary among use classes, source classes, and geographic locations, and may be project-specific. The District shall impose on any permit granted under this Chapter such reasonable conditions as are necessary to assure that the permitted operation will be consistent with the overall objectives of the District and will not be harmful to the water resources of the District or existing legal users.

(2) No change.

(3) Every WUP permit acquired under this Chapter chapter shall include the following standard conditions which impose certain limitations on the permitted water withdrawal:

(a) All withdrawals authorized by this WUP shall be implemented as conditioned by this permit, including any documents submitted as part of the permit application incorporated by reference in a permit condition. The District may revoke this permit, in whole or in part, or take enforcement action, pursuant to Sections 373.136 or 373.243, F.S.  In addition, the District may modify this permit to address the noncompliance. If any of the statements in the application and in the supporting data are found to be untrue and inaccurate, or if the Permittee fails to comply with all of the provisions of Chapter 373, F.S., Chapter 40D, F.A.C., or the conditions set forth herein, the Governing Board shall revoke this permit in accordance with Rule 40D-2.341, F.A.C., following notice and hearing.

(b) This permit is issued based on information provided by the Permittee demonstrating that the use of water is reasonable and beneficial, consistent with the public interest, and will not interfere with any existing legal use of water. If, during the term of the permit, it is determined by the District that a statement in the application and in the supporting data is found to be materially false or inaccurate, the use is not reasonable and beneficial, in the public interest, or does impact an existing legal use of water, the Governing Board shall modify this permit or shall revoke this permit following notice and hearing, pursuant to Sections 373.136 or 373.243, F.S. The Permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.

(c) A Permittee may seek modification of any term of an unexpired permit.  The Permittee is advised that Section 373.239, F.S., and Rule 40D-2.331, F.A.C., are applicable to permit modifications. The Permittee shall not deviate from any of the terms or conditions of this permit without written approval by the District.

(d) Nothing in this permit should be construed to limit the authority of the District to declare a water shortage and issue orders pursuant to Chapter 373, F.S. In the event of a declared water shortage, the Permittee must adhere to the water shortage restrictions, as specified by the District. The Permittee is advised that during a water shortage, reports shall be submitted as required by District rule or order. In the event the District declares that a water shortage exists pursuant to Chapter 40D-21, F.A.C., the District shall alter, modify, or declare inactive all or parts of this permit as necessary to address the water shortage.

(e) With advance notice to the Permittee, District staff with proper identification shall have permission to enter, inspect, collect samples, take measurements, observe permitted and related facilities, and collect and document any information deemed necessary to determine compliance with the approved plans, specifications and conditions of this permit. The Permittee shall either accompany District staff onto the property or make provision for access onto the property. The District may shall collect water samples from any withdrawal point listed in the permit or shall require the Permittee to submit water samples when the District determines there is a potential for adverse impacts to water quality.

(f) This permit does not convey to the Permittee any property rights or privileges other than those specified herein, nor relieve the permittee from complying with any applicable local government, state, or federal law, rule, or ordinance. The Permittee shall provide access to an authorized District representative to enter the property at any reasonable time to inspect the facility and make environmental or hydrologic assessments. The Permittee shall either accompany District staff onto the property or make provision for access onto the property.

(g) Issuance of this permit does not exempt the Permittee from any other District permitting requirements.

(g)(h) The Permittee shall cease or reduce surface water withdrawal as directed by the District if water levels in lakes fall below the applicable minimum water level established in Chapter 40D-8, F.A.C., or rates of flow in streams fall below the minimum levels established in Chapter 40D-8, F.A.C.

(h)(i) The Permittee shall cease or reduce withdrawal as directed by the District if water levels in aquifers fall below the minimum levels established by the Governing Board.

(i)(j) The Permittee shall practice water conservation to increase the efficiency of transport, application, and use, as well as to decrease waste and to minimize runoff from the property. At such time as the Governing Board adopts specific conservation requirements for the Permittee’s water use classification, this permit shall be subject to those requirements upon notice and after a reasonable period for compliance.

(j)(k) The District may establish special regulations for Water-Use Caution Areas. At such time as the Governing Board adopts such provisions, this permit shall be subject to them upon notice and after a reasonable period for compliance.

(k)(l) The Permittee shall mitigate any adverse impact to existing legal uses caused by withdrawals. When adverse impacts occur or are imminent, the District may require the Permittee to mitigate the impacts. Adverse impacts include:

1. through 3. No change.

(l)(m) The Permittee shall mitigate any adverse impact to environmental features or offsite land uses as a result of withdrawals. When adverse impacts occur or are imminent, the District shall require the Permittee to mitigate the impacts. Examples of adverse impacts include the following:

1. through 3. No change.

(m)( n) When necessary to analyze impacts to the water resource or existing users, the District shall require the Permittee to install flow metering or other measuring devices to record withdrawal quantities and submit the data to the District.

(n)(o) A District identification tag shall be prominently displayed at each withdrawal point that is required by the District to be metered or for which withdrawal quantities are required to be reported to the District, by permanently affixing the tag to the withdrawal facility.

(o)(p) Permittee shall notify the District in writing within 30 days of any sale, transfer, or conveyance of ownership or any other loss of permitted legal control of the Project and / or related facilities from which the permitted withdrawal is made. Where Permittee’s control of the land subject to the permit was demonstrated through a lease, the Permittee must either submit documentation showing that it continues to have legal control or transfer control of the permitted system / project to the new landowner or new lessee.  All transfers of ownership are subject to the requirements of Rule 40D-1.6105, F.A.C. Alternatively, the Permittee may surrender the WUP to the District, thereby relinquishing the right to conduct any activities under the permit. Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue the water use permitted herein and who have acquired ownership or legal control of permitted water withdrawal facilities or the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring ownership or legal control of the water withdrawal facilities or the land.

(p)(q) All permits issued pursuant to these Rules are contingent upon continued ownership or legal control of all property on which pumps, wells, diversions or other water withdrawal facilities are located.

(q)(r) Within the Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the District, upon reasonable notice to the permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact, but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a hearing.

(4) In addition to the standard terms and conditions listed previously, the District shall impose special conditions as set forth in the WUP, Basis of Review. identified in Rule 40D-2.091, F.A.C., or other special conditions appropriate to any specific project.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.223, 373.244 FS. History–New 6-7-78, Amended 9-9-80, 10-21-80, Formerly 16J-2.112, Amended 10-1-89, 2-10-93, 5-2-93, 4-14-02, 1-1-03, 10-19-05, 7-20-08, 11-2-09, 6-16-11,_________.

 

40D-2.401 Identification Tags.

(1) When an individual a WUP is issued, the Governing Board will issue a permanent tag bearing a use identification number for each withdrawal facility that is required by the District to be metered or for which withdrawal quantities are required to be reported to the District, which tag shall be prominently displayed at the site of withdrawal by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility. If the WUP covers several facilities such as a well field, a tag will be issued for each facility.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History–Readopted 10-5-74, Formerly 16J-2.05, Amended 10-1-89, 7-20-08,_________.

 

40D-2.501 Permit Use Types.

Each individual WUP shall authorize water use withdrawals for as many of the following use types as are applicable, and shall be classified according to the use type for which the greatest use of withdrawal quantities are authorized. Permit use types are as follows:

(1) Public Supply Use,

(2) Landscape/Recreation or Aesthetic Use,

(3) No change

(4) Industrial/ or Commercial Use, and

(5) Mining/ or Dewatering Use,.

(6) Other Use, and

(7) Institutional Use.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219, 373.246 FS. History–Readopted 10-5-74, Amended 12-31-74, Formerly 16J-2.16, Amended 11-4-84, 10-1-89, 1-1-03, 12-30-08,________.

 

40D-2.621 Water-Conserving Credits.

(1) On January 1, 2003, permits authorizing a water withdrawal within the SWUCA for irrigation shall be assigned an initial Water-Conserving Credit by the District for a quantity of water as set forth in Chapter 3 of the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C.

(1)(2) Permittees with an individual or general WUP authorizing a water withdrawal within the SWUCA for irrigation may earn Water-Conserving Credits to withdraw additional quantities of ground water for use at the site at which they were earned and for the source for which they were earned. Water-Conserving Credits are earned if less than the allowable amount of groundwater is applied to actual, planted acreage as set forth in the WUP Applicant’s Handbook Part B Chapter 3. 3 of the WUP Basis of Review incorporated by reference in Rule 40D-2.091, F.A.C.

(2)(3) Withdrawals under the Water-Conserving Credits shall meet the Conditions for Issuance set forth in Rule subsection 40D-2.301(1), F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219, 373.223, 373.239 FS. History–New 1-1-03, Amended 1-1-07, 12-30-08,__________.

 

40D-2.801 Water Use Caution Areas.

(1) When the Governing Board determines that regional action is necessary to address cumulative water withdrawals that which are causing or may cause adverse impacts to the water and related natural resources or the public interest, it shall declare, delineate, or modify Water Use Caution Areas (WUCAs). The Governing Board shall declare a WUCA by adopting a rule or issuing an order imposing special requirements for existing water users and permit applicants to prevent or remedy impacts to water and related natural resources or the public interest.

(2) No change.

(3) The regions described in this rule have been declared WUCAs by the District Governing Board. This rule reaffirms the declaration of WUCAs and creates conditions to be applied to water users in those areas.

(a) Northern Tampa Bay Water Use Caution Area.

To address groundwater withdrawals that have resulted in lowering of lake levels, destruction or deterioration of wetlands, reduction in streamflow and salt water intrusion, the Governing Board declared portions of northern Hillsborough County, southwestern Pasco County and all of Pinellas County a WUCA on June 28, 1989, pursuant to Resolution Number 934. The Governing Board approved expansion of the boundaries of the WUCA in June 2007.

1. No change.

2. Regulations specifically applicable to this WUCA are set forth in the WUP Applicant’s Handbook Part B Section 3.9.3 Sections 4.2, 4.3, 4.5 and 7.3, of the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., and are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and the WUP Applicant’s Handbook Parts B and D. Part B and Part D of the Water Use Permit Information Manual, incorporated by reference in Rule 40D-2.091, F.A.C.

3. through 4. No change.

(b) Southern Water Use Caution Area (SWUCA). To address lowered lake levels, stream flows and ground water levels, water quality degradation and adverse impacts to water users, the Governing Board declared all or portions of Manatee, Sarasota, DeSoto, Hardee, Charlotte, Highlands, Hillsborough and Polk Counties within the District’s boundaries a WUCA on October 26, 1992, pursuant to Resolution Number 92-10.

1. through 3. No change.

4. Regulations applicable to this WUCA are specified in this Chapter chapter and in the WUP Applicant’s Handbook Part B Section 3.9.2, and are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and the WUP Applicant’s Handbook Parts B and D. WUPBasis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., and are incorporated into this rule. Amendments to those regulations adopted December 12, 2006, shall become effective January 1, 2007. Those amendments and regulations relating to SWUCA effective on January 1, 2003, and January 1, 2007, are not intended to affect, and shall not be construed to affect, any WUP that does not have a withdrawal point within the SWUCA.

5. Any permit with a withdrawal point located within the boundaries of the SWUCA is deemed to be within the SWUCA. Permits with permitted withdrawals in more than one (1) WUCA shall be subject to the conservation and reporting requirements of the WUCA within which the majority of permitted quantities are withdrawn, or projected to be withdrawn, in addition to all other rule criteria, including MFL requirements, as set forth in Chapter 40D-2, F.A.C., and the WUP Applicant’s Handbook Part B. WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C. Nothing in the rules and the WUP Applicant’s Handbook Part B WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., specific to the SWUCA shall be interpreted or applied in any manner that would interfere with the Comprehensive Plan for the Northern Tampa Bay Area as outlined in Rule 40D-80.073, F.A.C.

6. All WUPs with withdrawal points within the SWUCA are hereby modified to conform with this paragraph 40D-2.801(3)(b), F.A.C., except as provided in paragraph 5., above, and the applicable SWUCA criteria specified in the WUP Applicant’s Handbook Part B, Basis of Review described in Rule 40D-2.091, F.A.C., are incorporated into all such WUPs.

7. No change.

(c) Central Florida Coordination Area (“CFCA”) The CFCA is located within portions of 3 water management districts and includes Polk, Orange, Osceola and Seminole counties, and southern Lake County. The portion of the CFCA located within this District is delineated below. 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 3.6 of the Basis of Review). This interim regulatory framework is 1 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 effective date of implementation of the interim CFCA rules is February 13, 2008. The interim CFCA rules 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 F.S., 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.

1. As shown in Figure 2-2, the boundary for the portion of the Central Florida Coordination Area located within this District is as follows:

Begin at the northwest corner of Section 6, Township 23 South, Range 24 East same being on the Sumter-Lake County line and run thence south along the range line dividing Ranges 23 and 24 East, to the thread of the Withlacoochee River; thence westerly along the thread of said river, to its intersection with the range line dividing Ranges 22 and 23 East; thence south along said range line, to the township line dividing Townships 25 and 26 South; thence west along said township line, to the section line dividing Sections 3 and 4 in Township 26 South, Range 22 East; thence south along the section lines, to the township line dividing Townships 26 and 27 South; thence east along said township line, to the range line dividing Ranges 22 and 23 East; thence south along said range line, to an intersection with the range line between Ranges 22 and 23 East with the township line between Townships 32 and 33 South; thence east along said township line, to the southeast corner of Township 32 South, Range 28 East; thence north along the range line between Ranges 28 and 29 East, in Townships 32 and 31 South, to the northeast corner of Section 12 in Township 31 South, Range 28 East; thence east along the section line to the northeast corner of Section 7, Township 31 South, Range 29 East; thence north along the section line to the northwest corner of Section 17, Township 30 South, Range 29 East; thence east along the section line to the northeast corner of the west 1/2 of Section 17, Township 30 South, Range 29 East; thence north along the 1/2-section line to the northeast corner of the west 1/2 of Section 5, Township 30 South, Range 29 East; thence west along the section line to the southwest corner of Section 32, Township 29 South, Range 29 East; thence north along the section line to the northeast corner of Section 19 in Township 29 South, Range 29 East; thence west along the north boundaries of Section 19, Township 29 South, Range 29 East, and Sections 24, 23, 22, 21, and 20, Township 29 South, Range 28 East, to the northwest corner of said Section 20; thence north along the section line to the intersection of said section line with the west shore line of Lake Pierce in Township 29 South, Range 28 East; thence following the west shore of Lake Pierce to its intersection again with the west section line of Section 5, Township 29 South, Range 28 East; thence north along the section line to the northwest corner of Section 5, Township 29 South, Range 28 East; thence east along the township line to the southwest corner of Section 33, Township 28 South, Range 28 East; thence north along the section line to the northwest corner of the southwest 1/4 of the southwest 1/4 of Section 28, Township 28 South, Range 28 East; thence east along the 1/4-section line to the intersection of said 1/4-section line with Lake Pierce; thence follow the shore line northeasterly to its intersection with the 1/2-section line of Section 28, Township 28 South, Range 28 East; thence north on the 1/2-section line to the northwest corner of the southeast 1/4 of Section 28, Township 28 South, Range 28 East; thence east to the northeast corner of the southeast 1/4 of Section 28, Township 28 South, Range 28 East; thence south along the section line to the northwest corner of Section 3, Township 29 South, Range 28 East; thence east along the section line to the northeast corner of Section 3, Township 29 South, Range 28 East; thence north along the section line to the northwest corner of Section 23, Township 28 South, Range 28 East; thence west along the section line to the southwest corner of Section 16, Township 28 South, Range 28 East; thence north along the section line to the northwest corner of Section 16, Township 28 South, Range 28 East; thence west along the section line to the southwest corner of Section 8, Township 28 South, Range 28 East; thence north along the section line to the northwest corner of Section 5, Township 28 South, Range 28 East; thence west along the township line to the intersection of said township line with Lake Marion; thence following the south shore line of Lake Marion to its intersection again with said township line; thence west along the township line to the southeast corner of Section 36, Township 27 South, Range 27 East; thence north along the range line between Ranges 27 and 28 East to the intersection of said range line with Lake Marion; thence following the west shore of Lake Marion to its intersection again with the range line between Ranges 27 and 28 East; thence north along said range line, in Townships 27 and 26 South, to the northeast corner of Township 26 South, Range 27 East, being on the Polk-Osceola County line; thence west along the Polk-Osceola County line to the northwest corner of Township 26 South, Range 27 East; thence north along the section line to the Lake-Polk County line; thence west along the 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 Point of Beginning.

2. Applications for groundwater withdrawals located within the areas encompassed both by the SWUCA, as described in paragraph 40D-2.801(3)(b), F.A.C., or deemed within the SWUCA pursuant to subparagraph 40D-2.801(3)(b)5. F.A.C., above, and the District’s portion of the CFCA as described in paragraph 40D-2.801(3)(c), F.A.C., shall only be subject to the provisions of Chapter 40D-2, F.A.C., and the WUP Basis of Review described in Rule 40D-2.091, F.A.C., applicable to groundwater withdrawals within the SWUCA. The CFCA provisions shall not be applicable to those permits. These provisions are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and Parts B and D of the Water Use Permit Information Manual.

3. Regulations applicable to the CFCA are specified in Rule 40D-2.321 and paragraph 40D-2.801(3)(c), F.A.C., and in Sections 1.9, 3.6 and 6.2 of the WUP Basis of Review described in Rule 40D-2.091, F.A.C., and are incorporated into this rule, and are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and Part B and D of the Water Use Permit Information Manual. The CFCA regulations shall not be construed to affect any WUP application that does not have a groundwater withdrawal point within the CFCA.

4. Special requirements for Public Supply Utility applicants for groundwater withdrawals are explained in the provisions under the heading “REQUIREMENTS FOR APPLICANTS FOR GROUNDWATER WITHDRAWALS WITHIN THE CENTRAL FLORIDA COORDINATION AREA” set forth in Sections 1.9, 3.6 and 6.2 of the WUP Basis of Review described in Rule 40D-2.091, F.A.C. In addition, a Similar Applicant, as defined in Section 3.6 of the WUP Basis of Review, is subject to those requirements.

5. 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, as defined in Section 3.6, paragraph A.7. under the heading Requirements For Applicants For Groundwater Withdrawals Within The Central Florida Coordination Area, in the WUP Basis of Review, to minimize competition and thereby provide greater certainty of outcome than competition.

6. Any Public Supply Utility applicant, or Similar Applicant described in subparagraph 40D-2.801(3)(c)4., F.A.C., above, with an existing or proposed groundwater withdrawal point within the boundaries of the CFCA is deemed to be within the CFCA, provided that the regulation of that withdrawal is governed by subparagraph 40D-2.801(3)(c)2., F.A.C., above.

7. The CFCA is a water resource caution area for purposes of Chapter 403, F.S., and Chapter 62-40, F.A.C.

(c)(d) Dover/Plant City Water Use Caution Area. To address adverse impacts to water users and offsite land uses due to groundwater withdrawals during frost/freeze events, the Governing Board has established portions of Hillsborough and Polk Counties as a WUCA effective as of 6-16-11.

1. No change.

2. Regulations applicable to this WUCA are specified in this chapter and in the WUP Applicant’s Handbook Part B Section 3.9.4, 7.4 of the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., and are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and the WUP Applicant’s Handbook Parts B and D. WUP Basis of Review and Part D of the Water Use Permit Information Manual.

3. The permitting criteria and conditions set forth in Chapter 40D-2, F.A.C., the WUP Applicant’s Handbook Part B, WUP Basis of Review, incorporated by reference in Rule 40D-2.091, subsection 40D-8.626(3), and Rule 40D-80.075, F.A.C. shall apply, as specified therein, to the following existing, new, renewal and modification applications for:

a. through d. No change.

4. Any permit with a withdrawal point located within the boundaries of the Dover/Plant City WUCA is deemed to be within the Dover/Plant City WUCA. Permits with permitted withdrawals in more than one WUCA shall be subject to the conservation and reporting requirements, if any, of the WUCA within which the majority of permitted quantities are withdrawn, or projected to be withdrawn, in addition to all other rule criteria, including MFL requirements, as set forth in Chapter 40D-2, F.A.C., and the WUP Applicant’s Handbook Part B. WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C. However, the Dover/Plant City WUCA provisions shall supersede any other rule criteria that creates conflicting or more stringent requirements. Nothing in the rules and the WUP Applicant’s Handbook Part B WUP Basis of Review specific to the Dover/Plant City WUCA shall be interpreted or applied in any manner that would interfere with the Comprehensive Plan for the Northern Tampa Bay Area as outlined in Rule 40D-80.073, F.A.C.

5. All water use permits with withdrawal points within the Dover/Plant City WUCA are hereby modified to conform with the provisions of paragraph 40D-2.801(3)(c), 40D-2.801(3)(d), F.A.C., except as provided in subparagraph 40D-2.801(3)(c)4., 40D-2.801(3)(d)4., F.A.C., above, and the applicable Dover/Plant City WUCA criteria specified in the WUP Applicant’s Handbook Part B, WUP Basis of Review, incorporated in Rule 40D-2.091, F.A.C., are incorporated into all such WUPs.

6. No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.171, 373.216, 373.219, 373.223 FS. History–Readopted 10-5-74, Formerly 16J-3.30, Amended 10-1-89, 11-15-90, 3-1-91, 7-29-93, 1-1-03, 1-1-07, 10-1-07, 2-13-08, 4-7-08, 5-26-10, 6-16-11, 10-14-12,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura Donaldson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 24, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012