12373725, 62-40.110 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12373725

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

WATER RESOURCE IMPLEMENTATION RULE

Overview

RULE:

62-40.110	Declaration and Intent
62-40.210	Definitions
62-40.410	Water Supply Protection and Management
62-40.412	Water Conservation
62-40.416	Water Reuse and Recycling
62-40.473	Minimum Flows and Levels
62-40.474	Reservations.
62-40.510	Florida Water Plan

PURPOSE:

The purpose of the proposed amendment to Rule 62-40.110 is to set a goal for consistency in water management district regulatory programs. The purpose of the proposed amendments to Rule 62-40.210 is to provide definitions for new terms provided for in the proposed amendments to Rule 62-40.416 and eliminate definitions duplicated in statute. The purpose of the proposed amendments to Rule 62-40.410 is to provide guidance to the water management districts on when it is not appropriate to reduce permitted water allocations during the term of a permit. The purpose of the proposed amendments to Rule 62-40.412 is to ensure water conservation is not disincentivized by ensuring permitted water use is not taken away during a permit term due to successful conservation. The purpose of the proposed amendments to Rule 62-40.416 is to incentivize the use of reclaimed water and provide for new methods by which consumptive use permit applicants may meet the conditions for issuance. The purpose of the proposed amendments to Rule 62-40.473 is to provide additional direction to the water management districts on the content and schedule included in their annual minimum flow and level priority list and when to develop any needed recovery and prevention strategies when a minimum flow and level is adopted. The purpose of the proposed amendments to Rule 62-40.474 is to provide additional direction to the water management districts on reservations of water. The purpose of the proposed amendments to Rule 62-40.510 is to simplify and make the Florida Water Plan more useful.

SUMMARY:

The proposed amendment to Rule 62-40.110 adds a goal of consistency in water management district (District) regulatory programs, while recognizing regional differences. The proposed amendments to Rule 62-40.110 eliminate definitions duplicated in statute and add definitions necessary to implement the proposed amendments to Rule 62-40.416. In order to provide water users with certainty in their business planning, the proposed amendments to Rule 62-40.410 directs the Districts to not reduce water allocations during a permit term due to fluctuations in economic conditions, population growth rates, and other factors, unless there is no reasonable likelihood the allocation will be needed during the term of the permit. In order to eliminate a disincentive for conserving water, the proposed amendments to Rule 62-40.412 directs the Districts not to reduce the permitted allocation of water during a permit term due to successful water conservation measures, and includes permit extensions as one of the incentives that should be considered to promote water conservation. The proposed amendments to Rule 62-40.416 result in part from legislative changes codified in section 373.250(5)(a), F.S. These amendments provide the criteria under which an applicant may propose and receive approval of an impact offset or substitution credit using reclaimed water to meet the conditions of issuance for a surface or groundwater withdrawal. Additionally, this rule provides criteria by which an applicant may apply for ground or surface water to supplement reclaimed water supplies. The proposed amendments to Rule 62-40.473 direct the Districts to approve a recovery or prevention strategy simultaneously with the adoption of an MFL in certain circumstances; provides guidance on when to seek peer review for a minimum flow and level; and provides that Districts include, on their annual priority list, a three year schedule and identify water bodies that may be affected by withdrawals in more than one District. The proposed amendments to Rule 62-40.474 provide the Districts guidance on when to seek peer review for a reservation and provide that the Districts identify proposed reservations on their annual minimum flow and level priority list. The proposed amendments to Rule 62-40.510 simplify the content of the Florida Water Plan and provide for annual publication of the plan on the Department’s website.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.036, 373.171, F.S.

LAW:

373.023, 373.026, 373.033, 373.036, 373.0395, 373.042, 373.0421, 373.046, 373.047, 373.086, 373.0831, 373.086, 373.103, 373.106, 373.145, 373.171, 373.175, 373.185, 373.223, 373.227, 373.233, 373.246, 373.250, 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 373.453, 373.621, 373.703, 373.711, 403.0615, 403.064, 403.0891, F.S.

PRINT PUBLISH DATE:

12/28/2012 Vol. 38/99

COMMENTS:

From 12/28/2012 To 1/18/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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