11746426, 40D-2.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11746426

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.011	Policy and Purpose
40D-2.021	Definitions
40D-2.031	Implementation (Repealed)
40D-2.041	Permits Required
40D-2.051	Exemptions
40D-2.091	Publications and Forms Incorporated by Reference
40D-2.101	Content of Application
40D-2.301	Conditions for Issuance of Permits
40D-2.302	Reservations from Use
40D-2.321	Duration of Permits
40D-2.322	Population and Impact Analysis and Verification of 10-year Requirements (Repealed)
40D-2.331	Modification of Permits
40D-2.341	Revocation and Cancellation of Permits
40D-2.351	Transfer of Permits
40D-2.361	Renewal of Permits
40D-2.381	Standard Permit Conditions
40D-2.401	Identification Tags
40D-2.501	Permit Use Types
40D-2.621	Water-Conserving Credits
40D-2.801	Water Use Caution Areas

PURPOSE:

The Southwest Florida Water Management District (SWFWMD) gives notice that it is developing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water management districts (WMDs), to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs.  This rule development is proposed to be coordinated with similar rule development by the other WMDs throughout Florida.  This rule development will make appropriate rule amendments to SWFWMD’s Chapters 40D-1, 40D-2, 40D-8, 40D-20, 40D-21, and 40D-22, F.A.C., and the Southwest Florida Water Management District Water Use Permit Information Manual to address the following goals of the DEP and the WMDs for this rulemaking:  (1) making the CUP rules less confusing for applicants; (2) treating applicants equitably statewide; (3) providing consistent protection of the environment; (4) streamlining the application and permitting process; and (5) incentivizing behavior that protects water resources, including water conservation.  Additional information about the statewide CUP consistency initiative is available at DEP’s website at: www.dep.state.fl.us/water/waterpolicy/cupcon.htm.

SUBJECT:

This rule development will include, but may not be limited to, the amendment, repeal, or development of rules as needed to accomplish CUP consistency goals, on the following subjects:  (1) consumptive use permit criteria; (2) limiting conditions (permit conditions by rule); (3) permit thresholds; (4) permit types; (5)  permit duration; (6) water conservation requirements; (7) annual allocation requirements and other rules needed to provide continuous reasonable assurance throughout the durationof a permit; (8) modification of permits; (9) 10-year compliance reports; (10) compliance monitoring and forms; (11) application forms; (12) permit fees to address related changes to permit thresholds or permit types; (13) procedural rules in chapter 40D-1, F.A.C.; (14) water shortage plan rules in chapter 40D-21, F.A.C.; (15) minimum flows and levels (MFLs) rules in chapter 40D-8, F.A.C.; and (16) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas identified above.
Note:  Members of the District’s Governing Board may attend the scheduled Rule Development Workshop.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, FS.

LAW:

373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250, FS.

PRINT PUBLISH DATE:

7/20/2012 Vol. 38/29

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.171, FS., 373.042, 373.0421, 373.109, 373.118, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.246, 373.250, FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40D-2.011&PDate=7/20/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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