40D-2.801. Water Use Caution Areas


Effective on Thursday, February 17, 2022
  • 1(1) When the Governing Board determines that regional action is necessary to address cumulative water withdrawals that 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.

    87(2) In determining whether an area should be declared a WUCA, the Governing Board shall consider the following factors:

    106(a) The quantity of water available for use from groundwater sources, surface water sources, or both.

    122(b) The quality of water available for use from groundwater sources, surface water sources, or both, including impacts such as saline water intrusion, mineralized water upconing, or pollution.

    150(c) Environmental systems, such as wetlands, lakes, streams, estuaries, fish and wildlife, or other natural resources.

    166(d) Lake stages or surface water rates of flow.

    175(e) Offsite land uses.

    179(f) Other resources as deemed appropriate by the Governing Board.

    189(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.

    224(a) Northern Tampa Bay Water Use Caution Area.

    232To 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.

    2981. The boundary for the Northern Tampa Bay Water Use Caution Area is as follows:

    313All of Pinellas County;

    317All of Pasco County; and

    322That portion of Hillsborough County within the following sections; (all Townships are South; all Ranges are East);

    339Township 27, Range 17: All Sections;

    345Township 27, Range 18: All Sections;

    351Township 27, Range 19: All Sections;

    357Township 27, Range 20: All Sections;

    363Township 27, Range 21: All Sections;

    369Township 27, Range 22: All Sections;

    375Township 28, Range 17: All Sections;

    381Township 28, Range 18: All Sections;

    387Township 28, Range 19: All Sections;

    393Township 28, Range 20: All Sections;

    399Township 28, Range 21: All Sections;

    405Township 28, Range 22: All Sections;

    411Township 29, Range 17: All Sections;

    417Township 29, Range 18: All Sections;

    423Township 30, Range 17: All Sections;

    429Township 30, Range 18: All Sections;

    435Township 30, Range 19: Section 5 West of the Hillsborough Bay Westerly Shoreline;

    448Township 30, Range 19: Section 6:

    454Township 29, Range 22: All Sections North of State Road 60;

    465Township 29, Range 21: All Sections North of State Road 60;

    476Township 29, Range 20: All Sections North of State Road 60;

    487Township 29, Range 19: Sections 1 through 20, 30 and 31, Section 21 West of the Hillsborough Bay Westerly Shoreline, Section 24 North of State Road 60, Section 29 West of the Hillsborough Bay Westerly Shoreline and Section 32 West of the Hillsborough Bay Westerly Shoreline.

    5332. Regulations specifically applicable to this WUCA are set forth in the WUP Applicant’s Handbook Part B Section 3.9.3 552and 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.

    5753. All WUPs within the WUCA are hereby modified to conform with this Rule, and applicable permit conditions specified in Section 7.3, of the WUP Basis of Review, incorporated by reference in Rule 60840D-2.091, 609F.A.C., are incorporated into all WUPs within the WUCA.

    6184. The Northern Tampa Bay Water Use Caution Area is a water resource caution area for purposes of Chapter 403, F.S. and Chapter 62-40, F.A.C.

    643(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.

    7031. As shown in Figure 2-1, the boundary for the Southern Water Use Caution Area is as follows:

    721All of Manatee, Sarasota, Charlotte, Hardee, DeSoto, and Highlands Counties within the boundaries of the Southwest Florida Water Management District, and that portion of Hillsborough County within the following sections (all Townships are South; all Ranges are East):

    759Township 29, Range 19: Section 21 East of the Hillsborough Bay Easterly Shoreline, Sections 22 and 23, Section 24 South of State Road 60, Sections 25 through 28, Section 29 East of the Hillsborough Bay Easterly Shoreline, Section 32 East of the Hillsborough Bay Easterly Shoreline and Sections 33 through 36;

    810Township 29, Range 20: All whole or partial Sections South of State Road 60;

    824Township 29, Range 21: All whole or partial Sections South of State Road 60;

    838Township 29, Range 22: All whole or partial Sections South of State Road 60;

    852Township 30, Range 19: Sections 1 through 4, Section 5 East of the Hillsborough Bay Easterly Shoreline and Section 7 through 36;

    874Township 30, Range 20: All Sections;

    880Township 30, Range 21: All Sections;

    886Township 30, Range 22: All Sections;

    892Township 31, Range 18: All Sections;

    898Township 31, Range 19: All Sections;

    904Township 31, Range 20: All Sections;

    910Township 31, Range 21: All Sections;

    916Township 31, Range 22: All Sections;

    922Township 32, Range 17: Section 36;

    928Township 32, Range 18: All Sections;

    934Township 32, Range 19: All Sections;

    940Township 32, Range 20: All Sections;

    946Township 32, Range 21: All Sections;

    952Township 32, Range 22: All Sections;

    958Township 33, Range 15: All Sections;

    964Township 33, Range 16: All Sections;

    970and that portion of Polk County within the Southwest Florida Water Management District and within the following sections:

    988Township 26, Range 25: Section 36 South of Interstate 4;

    998Township 26, Range 26: All whole or partial Sections 28, 29, 31 and 32 South of Interstate 4, and All of Section 33;

    1021Township 27, Range 23: All whole or partial Sections South of Interstate 4;

    1034Township 27, Range 24: All whole or partial Sections South of Interstate 4;

    1047Township 27, Range 25: All whole or partial Sections South of Interstate 4;

    1060Township 27, Range 26: Sections 4 through 9, Sections 16 through 21, Sections 28 through 36, and Partial Sections 25 through 27 South of State Road 600 (US Route 17/92);

    1090Township 27, Range 27: Sections 25 through 28, Partial Sections 29 and 30 South of State Road 600 (US Route 17/92), and Sections 31 through 36;

    1116Township 28, Range 23: All Sections;

    1122Township 28, Range 24: All Sections;

    1128Township 28, Range 25: All Sections;

    1134Township 28, Range 26: All Sections;

    1140Township 28, Range 27: All Sections;

    1146Township 28, Range 28: All Sections;

    1152Township 29, Range 23: All Sections;

    1158Township 29, Range 24: All Sections;

    1164Township 29, Range 25: All Sections;

    1170Township 29, Range 26: All Sections;

    1176Township 29, Range 27: All Sections;

    1182Township 29, Range 28: All Sections;

    1188Township 29, Range 29: Sections 19, 30, 31;

    1196Township 30, Range 23: All Sections;

    1202Township 30, Range 24: All Sections;

    1208Township 30, Range 25: All Sections;

    1214Township 30, Range 26: All Sections;

    1220Township 30, Range 27: All Sections;

    1226Township 30, Range 28: All Sections;

    1232Township 30, Range 29: Sections 5, 6, 7, 8, 18, 19, 30, 31;

    1245Township 31, Range 23: All Sections;

    1251Township 31, Range 24: All Sections;

    1257Township 31, Range 25: All Sections;

    1263Township 31, Range 26: All Sections;

    1269Township 31, Range 27: All Sections;

    1275Township 31, Range 28: All Sections;

    1281Township 31, Range 29: Section 6;

    1287Township 32, Range 23: All Sections;

    1293Township 32, Range 24: All Sections;

    1299Township 32, Range 25: All Sections;

    1305Township 32, Range 26: All Sections;

    1311Township 32, Range 27: All Sections;

    1317Township 32, Range 28: All Sections;

    13232. As shown in Figure 2-1, the area for the MIA of the Southern Water Use Caution Area is as follows:

    1344Township 30, Range 19, Sections 2 through 36;

    1352Township 30, Range 20, Sections 17 through 22; and 27 through 36;

    1364Township 31, Range 18, All Sections;

    1370Township 31, Range 19, All Sections;

    1376Township 31, Range 20, All Sections;

    1382Township 31, Range 21, Sections 6 through 8; 17 through 20; and 29 through 32;

    1397Township 32, Range 17: Section 36;

    1403Township 32, Range 18, All Sections;

    1409Township 32, Range 19, All Sections;

    1415Township 32, Range 20, All Sections;

    1421Township 32, Range 21, Sections 5 through 7;

    1429Township 33, Range 17, All Sections;

    1435Township 33, Range 18, All Sections;

    1441Township 33, Range 19, All Sections;

    1447Township 33, Range 20, All Sections;

    1453Township 33, Range 21, Sections 19, 30, 31;

    1461Township 34, Range 15: All Sections;

    1467Township 34, Range 16, All Sections;

    1473Township 34, Range 17, All Sections;

    1479Township 34, Range 18, All Sections;

    1485Township 34, Range 19, All Sections;

    1491Township 34, Range 20, All Sections;

    1497Township 34, Range 21, Sections 6 through 8; 17 through 20; and 29 through 32;

    1512Township 35, Range 16, All sections;

    1518Township 35, Range 17, All Sections;

    1524Township 35, Range 18, All Sections;

    1530Township 35, Range 19, All Sections;

    1536Township 35, Range 20, All Sections;

    1542Township 35, Range 21, Sections 5 through 8; 17 through 20; and 30;

    1555Township 36, Range 17, All Sections;

    1561Township 36, Range 18, All Sections;

    1567Township 36, Range 19, Sections 1 through 24; and 27 through 32;

    1579Township 36, Range 20, Sections 2 through 10; and 17 and 18;

    1591Township 37, Range 17, Sections 1 through 18;

    1599Township 37, Range 18, Sections 1 through 10; and 17 and 18.

    16113. The Ridge Lakes are those lakes located anywhere within Highlands County and Polk County within the boundaries of the Southwest Florida Water Management District within the following Sections:

    1640All of Highlands County within the boundaries of the Southwest Florida Water Management District, and that portion of Polk County within the Southwest Florida Water Management District and within the following sections (all Townships are South; all Ranges are East):

    1680Township 26, Range 25: Partial Section 36 South of Interstate 4;

    1691Township 26, Range 26: Partial Sections 28, 29, 31, and 32 South of Interstate 4 and whole Section 33;

    1710Township 27, Range 25: Partial Sections 1, 2, 7, and 8 South of Interstate 4 and whole Sections 9 through 29, and 32 through 36;

    1735Township 27, Range 26: Sections 4 through 9, 16 through 21, and 25 through 36;

    1750Township 27, Range 27: Sections 25 through 36;

    1758Township 27, Range 28: Section 31;

    1764Township 28, Range 25: Sections 1 through 4, 9 through 15, 22 through 26, 35 through 36;

    1781Township 28, Range 26: All Sections;

    1787Township 28, Range 27: All Sections;

    1793Township 28, Range 28: Sections 6 through 7, 17 through 22, 27 through 32, and Section 34;

    1810Township 29, Range 25: Sections 1, 2, and 11 through 14;

    1821Township 29, Range 26: Sections 1 through 18, and 23 through 24;

    1833Township 29, Range 27: All Sections;

    1839Township 29, Range 28: Sections 6 though 7, and 18 through 36;

    1851Township 29, Range 29: Sections 19, 30, 31;

    1859Township 30, Range 27: All Sections;

    1865Township 30, Range 28: All Sections;

    1871Township 30, Range 29: Sections 5 through 8, 18, 19, 30, 31;

    1883Township 31, Range 27: All Sections;

    1889Township 31, Range 28: All Sections;

    1895Township 31, Range 29: Section 6;

    1901Township 32, Range 27: All Sections;

    1907Township 32, Range 28: All Sections.

    19134. Regulations applicable to this WUCA are specified in this Chapter and in the WUP 1928Applicant’s Handbook Part B Section 3.9.2, 1934and are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and 1949the 1950WUP 1951Applicant’s Handbook Parts B and D. 1957Those 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.

    19975. 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.

    20786. All WUPs with withdrawal points within the SWUCA are hereby modified to conform with this paragraph 209540D-2.801(3)(b), 2096F.A.C., except as provided in subparagraph 5., above, and the applicable SWUCA criteria specified in the WUP Applicant’s Handbook Part B, are incorporated into all such WUPs.

    21237. The SWUCA is a water resource caution area for purposes of Chapter 403, F.S. and Chapter 62-40, F.A.C.

    2142(c) 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.


    2185Figure 2-1

     

     

     

    2187Figure 2-2

    21891. As shown in Figure 2-3, the boundary for the Dover/Plant City WUCA is as follows:

    2205The portions of Hillsborough and Polk Counties within the following sections (all Townships are South; all Ranges are East):

    2224Township 27, Range 20: Sections 25, 26, 35 and 36;

    2234Township 27, Range 21: Sections 25 through 36;

    2242Township 27, Range 22: Sections 25 through 36;

    2250Township 27, Range 23: Sections 29 through 32;

    2258Township 28, Range 20: Sections 1, 2, 11 through 14, 23 through 26, 35 and 36;

    2274Township 28, Range 21: All Sections;

    2280Township 28, Range 22: All Sections;

    2286Township 28, Range 23: Sections 5 through 8, 17 through 20, and 29 through 32;

    2301Township 29, Range 20: Sections 1, 2, 11 through 14, 23 through 26, 35 and 36;

    2317Township 29, Range 21: All Sections;

    2323Township 29, Range 22: All Sections;

    2329Township 29, Range 23: Sections 5 through 8, 17 through 20, and 29 through 32;

    2344Township 30, Range 20: Sections 1, 2, 11 and 12;

    2354Township 30, Range 21: Sections 1 through 12;

    2362Township 30, Range 22: Sections 1 through 12;

    2370Township 30, Range 23: Sections 5 through 8.

    23782. Regulations applicable to this WUCA are specified in this chapter and in the WUP Applicant’s Handbook Part B Section 3.9.4, 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.

    24223. The permitting criteria and conditions set forth in Chapter 40D-2, F.A.C., the WUP Applicant’s Handbook Part B, and subsection 244240D-8.626(3), 2443F.A.C. shall apply, as specified therein, to the following existing, new, renewal and modification applications for:

    2459a. Frost/freeze quantities to be withdrawn from groundwater when at least one withdrawal point is within the Dover/Plant City WUCA.

    2479b. Quantities of 100,000 gpd annual average or greater from groundwater when at least one withdrawal point is within the Dover/Plant City WUCA.

    2503c. A permit with at least one withdrawal point within the Dover/Plant City WUCA for groundwater quantities to provide frost/freeze quantities authorized to be used or withdrawn from any combination of sources that if withdrawn from groundwater alone would have the potential to impact the Minimum Aquifer Level Protection Zone established for the Dover/Plant City WUCA.

    2559d. A permit with at least one withdrawal point within the Dover/Plant City WUCA for groundwater quantities to provide supplemental irrigation for a use that typically requires frost/freeze protection and where such protection could be achieved through groundwater withdrawals but alternative protection methods are proposed.

    26044. 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. However, the Dover/Plant City WUCA provisions shall supersede any other rule criteria that creates conflicting or more stringent requirements.

    27095. All water use permits with withdrawal points within the Dover/Plant City WUCA are hereby modified to conform with the provisions of paragraph 273240D-2.801(3)(c), 2733F.A.C., except as provided in subparagraph 273940D-2.801(3)(c)4., 2740F.A.C., above, and the applicable Dover/Plant City WUCA criteria specified in the WUP Applicant’s Handbook Part B, are incorporated into all such WUPs.

    27636. The Dover/Plant City WUCA is a water resource caution area for purposes of Chapter 403, F.S., and Chapter 62-40, F.A.C.

    2784Figure 2-3 Dover/Plant City Water Use Caution Area

    2792Rulemaking Authority 2794373.044, 2795373.113, 2796373.171 FS. 2798Law Implemented 2800373.042, 2801373.0421, 2802373.171, 2803373.216, 2804373.219, 2805373.223 FS. 2807History–New 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, 5-19-14, 11-24-21, 2-17-22.