Purpose


The purposes and effects of the proposed rule amendments are to: (1) delete 40C-2.031(1)(e), consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (2) clarify surface water intake diameter in 40C-2.041(1)(e) and 40C-2.041(3)(e); (3) delete the secondary user permit requirement in 40C-2.041(1)(f) and make conforming changes throughout 40C-2; (4) create new requirement that only one consumptive use permit (CUP) application can remain pending at a time, subject to certain exceptions for renewals and letter modifications, in new 40C-2.041(8)-(10); (5) clarify that the general permit by rule for irrigating agricultural crops and nursery plants in 40C-2.042(1) is limited to certain agricultural lands; (6) clarify the irrigation zone for new plantings for the landscape irrigation general permit by rule in 40C-2.042(2)(a)3.b., consistent with existing 40C-2.042(1)(d); (7) amend 40C-2.042(10) to simplify criteria for the environmental restoration and enhancement general permit by rule (GPR) and allow transfer of the GPR to certain local governments; (8) amend 40C-2.042(11) to simplify criteria for the general permit by rule for certain aquifer performance tests (APT); (9) amend 40C-2.042(12) to allow certain grandfathered existing HVAC system wells to be used for domestic heating and cooling, and irrigation of one acre or less of landscape in accordance with 40C-2.042(8), F.A.C., without a return well; (10) create a new general permit by rule for certain temporary emergency water uses in 40C-2.042(13); (11) expand the permit exemption for fire protection in 40C-2.051(9); (12) delete 40C-2.051(11), consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (13) amend 40C-2.101(1)(a) to incorporate an amended Applicant’s Handbook, Consumptive Uses of Water (AH), which amendments are described further below; (14) delete water quality permitting criterion in 40C-2.301(2)(h) to be consistent with the other water management districts, and make conforming changes throughout 40C-2; (15) delete unnecessary limitation on use of permit modifications by letter in 40C-2.331(1)(c)4.; (16) expand use of permit modifications by letter in 40C-2.331(1)(c)7.b. for replacing or relocating certain wells; (17) amend 40C-2.900(7) to clarify Line 4A of incorporated Form No. 40C-2.900(7) (Water Audit Form); and (18) make conforming changes, corrections, and clarifications throughout. The amendments to 40C-2.101(1)(a) and the Applicant’s Handbook, Consumptive Uses of Water (AH) will: (1) delete references to secondary users throughout the Applicant’s Handbook, consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (2) amend the criteria in Section 1.4.3.3(a) for a modification of a permit by letter, consistent with the amendment to 40C-2.331(1)(c); (3) amend Sections 1.4.5.3.2 through 1.4.5.3.4 regarding administrative denials; (4) amend a staff-issued permit threshold in Section 1.4.5.5.2, consistent with the amendment to 40C-2.041(4)(e).; (5) add “market conditions” to the factors listed in Section 1.5.4 for agricultural consumptive use permits for irrigation that will not result in a reduction of the permitted allocation during the term of the permit; (6) delete Sections 2.3(h) and 5.2(f)-(h), consistent with the deletion of 40C-2.301(2)(h); and (7) make conforming changes, corrections, and clarifications throughout, consistent with the amendments to 40C-2 described above.