Notice of Change/Withdrawal
St. Johns River Water Management District
RULE NOS.:RULE TITLES:
40C-2.101Publications Incorporated by Reference
40C-2.900Forms and Instructions
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. 41 No. 97, May 19, 2015 issue of the Florida Administrative Register.
40C-2.101 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) No change.
(b) No change.
(2) No change.
REASON: To resolve an objection raised by the Florida Legislature’s Joint Administrative Procedures Committee (JAPC), changes have been made to Part I of the Applicant’s Handbook, Consumptive Uses of Water (A.H.), which is incorporated by reference in paragraph 40C-2.101(1)(a), and which will appear later on in this document.
40C-2.900 Forms and Instructions.
(1) Consumptive Use Permit Application, Form Number 40C-2-900(1), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04416. This form is referenced in subsection 40C-2.041(4), paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b), 1.4.4.2, 1.4.5.5.1(c) and 1.4.5.5.2 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C. The following supplemental application forms referenced in the Consumptive Use Permit Application, Form Number 40C-2.900(1), are hereby incorporated by reference:
(a) through (g) No change.
(2) Consumptive Use Permit Minor Individual Supplemental Form, Form Number 40C-2.900(2), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04424. This form is referenced in subsection 40C-2.041(4) and paragraph 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b), 1.4.4.2, 1.4.5.5.1(c) and 1.4.5.5.2 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(3) Consumptive Use Permit Application for Landscape Irrigation for One Additional Day Per Week, Form Number 40C-2.900(3), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04425. This form is referenced in paragraphs 40C-2.042(2)(c) and 40C-2.331(1)(a), F.A.C., and in Sections 1.4.3.3(b), 1.4.4.2, and 1.4.5.1(c) of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(4) Water Use/Pumpage Report Form (EN-50), Form Number 40C-2.900(4), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04426. This form is referenced in Section 4.2.1 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(5) Flow Meter Accuracy Report Form (EN-51), Form Number 40C-2.900(5), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04427. This form is referenced in Section 4.2.1 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(6) Annual Statement of Continuing Use, Form Number 40C-2.900(6), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04428. This form is referenced in Section 4.2.1 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(7) Water Audit Form and Instructions, Form Number 40C-2.900(7), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04429. This form is referenced in Sections 2.2.2.5.1.A.4.(a) and 2.2.2.5.1.A.4.(c) of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(8) Alternative Method Flow Verification Report Form, Form Number 40C-2.900(8), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04430. This form is referenced in Section 4.2.1 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(9) Annual Crop Summary Report Form, Form Number 40C-2.900(9), effective, August 14, 2014 is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04431. This form is referenced in Section 2.2.5.5.4 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(10) Crop Protection Report Form, Form Number 40C-2.900(10), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04432. This form is referenced in Section 2.2.5.5.5 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(11) Water Quality Report Form, Form Number 40C-2.900(11), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04434. This form is referenced in Section 5.2.1(e) of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(12) and (13) No change.
(14) Voluntary Rescission of Consumptive Use Permit, Form Number 40C-2.900(14), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 1.4.3.3.5 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(15) Consumptive Use Permit Transfer Request, Form Number 40C-2.900(15), effective {effective date}, is hereby incorporated by reference and available at {insert URL}. This form is referenced in Section 1.4.3.2 of Part I of the “Applicant’s Handbook, Consumptive Uses of Water”, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.
(16) No change.
REASON: The changes to subsections 40C-2.900(1)-(11), (14), and (15) will clarify that it is Part I of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), and resolve an objection raised by the Florida Legislature’s Joint Administrative Procedures Committee (JAPC).
Applicant’s Handbook, Consumptive Uses of Water
1.5.3 Special Durations Factors:
The following factors shall be considered and balanced in determining whether the permit shall be given a duration other than as specified in Subsection 1.5.2(a):
(a) Whether the permit is for a secondary use as defined in Section 1.4.2.2. The District shall seek to:
1. Assign the initial consumptive use permit required under 1.4.2.1 (secondary use) the same expiration date as specified in the consumptive use permit issued for the water supplier. However, when there is a demonstration that there will not be do not appear to be significant harm to the water resources of the area or interference concerns associated with the water supplier’s permit, then the District can issue a longer duration permit with a condition that is substantially similar to the special condition in section 5.2(h).
2. No change.
3. Assign an applicant within a water supplier/secondary use group who completes a renewal application for a consumptive use permit at a later time, the same expiration date as was assigned to the previously issued consumptive use permit renewals within the same water supplier/secondary use(s) group. However, when there is a demonstration that there will not do not appear to be significant harm to the water resources of the area or interference concerns associated with the water supplier’s permit, then the District can issue a longer duration permit with a condition that is substantially similar to the special condition in section 5.2(h).
(b) through (k) No change.
REASON: The change to section 1.5.3, A.H., will clarify the criterion for when a secondary water user qualifies for a longer duration consumptive use permit, and resolve an objection raised by the Florida Legislature’s Joint Administrative Procedures Committee (JAPC).
