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 Part B, (WUP Applicant’s Handbook), (rev. 10/15), (https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), 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.

(2) “Annual Average” means the annual average quantities that is the total quantity authorized by the District 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) 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) “Common Area” means areas designated for common use or enjoyment including entranceways, parking lots, areas around buildings, areas within roadway right of ways, (e.g., road and sidewalk medians), open spaces, community areas and public parks.

(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), F.A.C.

(6) “Drought Annual Average” means the annual average quantities in the SWUCA that is the total quantity authorized by the District 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) “MIA” means the Most Impacted Area within the Southern Water Use Caution Area located in Hillsborough, Manatee and Sarasota Counties as described in subparagraph 40D-2.801(3)(b)2., F.A.C.

(8) “Net Benefit” means activities or measures that will result in an improvement to a Minimum Flow or Level water body within the SWUCA or Dover/Plant City WUCA that more than offsets the impact of a proposed withdrawal.

(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 Within the SWUCA, means groundwater that is not currently authorized to be withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant.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 protection that is not currently authorized to be used by the applicant or not currently authorized to be used for the intended use by the applicant. This includes modifications of existing permits to increase quantities, and/or change the Permit Use Type (affecting only the modified portion), but does not include a full or partial permit transfer. A modification to change crops or plants grown under an Agricultural Use 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.

(11) “Ridge Lakes” means those lakes located within the area formerly known as the Highlands Ridge Water Use Caution Area as described in subparagraph 40D-2.801(3)(b)3., F.A.C.

(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 to a new location or locations owned or controlled by the permittee within the SWUCA or D/PCWUCA, 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) “SWUCA” means the Southern Water Use Caution Area as described in paragraph 40D-2.801(3)(b), F.A.C.

(14) “Upper Peace River” means that portion of the Peace River beginning at the confluence of Saddle Creek and the Peace Creek Canal, and extending southerly to the United States Geological Survey Zolfo Springs River Gage No. 02295637 and including the watershed contributing to that portion of the Peace River.

(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, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 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, 5-19-14, 9-29-15.