12136366, 40A-2.011 - Florida Administrative Rules, Law, Code, Register

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Notice: 12136366

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Northwest Florida Water Management District

Chapter:

REGULATION OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40A-2.011	Policy and Purpose
40A-2.021	Definitions
40A-2.041	Permits Required
40A-2.051	Exemptions
40A-2.101	Content of Application
40A-2.201	Fees
40A-2.223	Reservation of Water
40A-2.301	Conditions for Issuance
40A-2.302	General Water Use Permit - Criteria, Limitations and Conditions (Transferred)
40A-2.321	Duration of Permits
40A-2.331	Modification of Permits
40A-2.351	Transfer of Permits
40A-2.361	Renewal of Permits
40A-2.381	Limiting Conditions
40A-2.441	Temporary Permits (Repealed)
40A-2.501	Permit Classification
40A-2.511	Declaration of Water Shortage
40A-2.801	Declaration of Water Resource Caution Areas
40A-2.802	Water Resource Caution Areas
40A-2.901	Forms
40A-2.902	Areal Boundary Maps for Water Use Permitting
40A-2.904	Areal Boundary Maps for Water Resource Caution Areas

PURPOSE:

The Northwest Florida Water Management District (NWFWMD) 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 NWFWMD’s Chapters 40A-1, 40A-2, and 40A-21, F.A.C., 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:

Among other things, this rule development will cover 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 duration of 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) an Applicant’s Handbook to assist applicants with the requirements of Chapter 40A-2, F.A.C. (14) procedural rules in Chapter 40A-1, F.A.C.; (15) water shortage plan rules in Chapter 40A-21, 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:

10/10/2012 Vol. 38/47

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=40A-2.011&PDate=10/10/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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