Ref-04443 Applicant's Handbook: Consumptive Uses of Water (Appendix G)
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Appendix G.doc
Applicant's Handbook: Consumptive Uses of Water (Appendix G) 7/10/2014
Description:
- Applicant's Handbook: Consumptive Uses of Water (Appendix G)
Related Rules
Related Notices
- 16000361.In 2012 through mid-2014, the St. Johns River Water Management District (District), along with the Florida Department of Environmental Protection and other water management districts, engaged in statewide rulemaking to increase consistency in the consumptive use permit (CUP) programs. That rulemaking was commonly referred to as the “CUPcon” rulemaking. The purpose and effect of the new proposed amendments to rules in Chapter 40C-2, F.A.C., will be to: (1) clean up minor “glitches” inadvertently created during the CUPcon rulemaking; (2) clarify existing rules; (3) create additional streamlining; and (4) reduce regulatory burdens while protecting water resources.
- 18833052.By July 1, 2017, the District is required to set minimum flows or levels (MFLs) for Silver Springs in Marion County, an Outstanding Florida Spring. Based on the best available information, all three recommended minimum flows and levels in proposed 40C-8.031(7), F.A.C., are currently being achieved; however, the recommended minimum frequent low flow and level for Silver Springs would not be met under projected water use demands through the 20-year planning horizon. Thus, the District has concurrently approved an MFL prevention strategy to prevent the existing flows and levels from falling below the established minimum flows and levels. That strategy includes a regulatory component, consisting of new rules to prevent the existing flows and levels from falling below the minimum flows and levels for Silver Springs.
- 19430378.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.
- 20649280.The purpose and effect of the proposed amendments to rules in Chapter 40C-2, F.A.C., will be to update the types of consumptive use permits the District staff is delegated the authority to approve, and make conforming changes, corrections, and clarifications in the 40C-2 rules and in the Applicant’s Handbook, Consumptive Uses of Water (AH), which is incorporated by reference in 40C-2.101(1)(a).