18424197, 62-41.300 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18424197

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

REGULATION OF THE CONSUMPTIVE USES OF WATER

Overview

RULE:

62-41.300	Central Florida Water Initiative Area, Scope of Rule
62-41.301	Central Florida Water Initiative Area, Uniform Conditions for Issuance of Permits
62-41.302	Central Florida Water Initiative Area, Supplemental Applicant’s Handbook
62-41.303	Central Florida Water Initiative Area, Variances to the Uniform Rules
62-41.304	Central Florida Water Initiative Area, Uniform Process for Setting Minimum Flows and Minimum Water Levels and Water Reservations
62-41.305	Central Florida Water Initiative Area, Applicability of the Dover/Plant City and Southern Water Use Caution Area Recovery Strategies

PURPOSE:

The purpose and effect of this rulemaking is to comply with the requirements set forth in s. 373.0465(2)(d), F.S., enacted during the 2016 legislative session. The rulemaking will provide for uniform rules for consumptive use permitting within the Central Florida Water Initiative Area. This will impact consumptive use applicants and permittees within the Central Florida Water Initiative Area, which includes all of Orange, Osceola, Polk, and Seminole Counties, and southern Lake County, as designated by the Central Florida Water Initiative Guiding Document of January 30, 2015, available online at http://cfwiwater.com/pdfs/CFWI_Guiding_Document_2015-01-30.pdf.

SUBJECT:

The rulemaking will provide for uniform rules for application within the Central Florida Water Initiative Area on the following topics: 1. A single, uniform definition of the term “harmful to the water resources” consistent with the term’s usage in s. 373.219; 2. A single method for calculating residential per capita water use; 3. A single process for permit reviews; 4. A single, consistent process, as appropriate, to set minimum flows and minimum water levels and water reservations; 5. A goal for residential per capita water use for each consumptive use permit; and 6. An annual conservation goal for each consumptive use permit consistent with the regional water supply plan. In addition, the rule will include a process by which the agency may grant variances to the uniform rules based on unique circumstances or hydrogeological factors that make application of the uniform rules unrealistic or impractical.  Finally, the rule will include existing recovery strategies within the Central Florida Water Initiative Area adopted before July 1, 2016.  The only recovery strategies meeting that description are the Dover/Plant City and Southern Water Use Caution Area Recovery Strategies.

RULEMAKING AUTHORITY:

373.026, 373.0421, 373.0465, 373.219

LAW:

373.0421, 373.0465, 373.219, 373.223

PRINT PUBLISH DATE:

12/30/2016 Vol. 42/252

RELATED STATUTES
AND LAWS:

373.026, 373.0421, 373.0465, 373.219, 373.0421, 373.0465, 373.219, 373.223

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=62-41.300&PDate=12/30/2016&Section=1

REFERENCE MATERIALS:

No reference(s).

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