4574634, 40D-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4574634

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.091	Publications and Forms Incorporated by Reference
40D-2.321	Duration of Permits
40D-2.801	Water Use Caution Areas

PURPOSE:

To implement an interim regulatory strategy for protecting the public interest against excessive stress on the water resources of Central Florida due to the consumptive use of water, providing for allocations of available groundwater and expeditious development of supplemental water supply projects to avoid the adverse effects of competition as well as harm to the water resources.

SUMMARY:

The proposed rules identify an area (the Central Florida Coordination Area, or CFCA) in which stress on the water resources is rapidly increasing because of escalating withdrawals of groundwater for consumptive use. The rules provide an interim regulatory framework for the portion of the CFCA lying within the jurisdictional boundaries of the Southwest Florida Water Management District (SWFWMD); other portions of the CFCA lie within the South Florida Water Management District and the St. Johns River Water Management District, which are also proposing to adopt rules similar to this one. The CFCA in the SWFWMD includes all of Polk County and southwestern Lake County located in the SWFWMD. Under the proposed rules, water supply utilities and similar applicants proposing to withdraw groundwater in the CFCA will generally be restricted to no more than their demonstrated 2013 demands. Such an applicant may be issued a permit with a duration of up to 20 years for its 2013 demand if the applicant develops and uses at least one supplemental water supply project (SWS) to meet all the increase in quantity above its demonstrated 2013 demand for the duration of the permit. Alternatively, the applicant may demonstrate that SWS development is infeasible for all the increase above its 2013 demand. In this case, the applicant must maximize use of SWS to meet as much of the increase as is feasible and use SWS for the remainder of the increase when provided by others at an economically feasible cost. Public supply utilities or similar applicants will be restricted to permit durations of no more than December 31, 2013, if such applicants do not develop SWS projects or use SWS to meet as much of their increases above 2013 demands as is feasible. The rules also provide clarifying definitions, a statement of intent, exceptions to the restrictions on groundwater allocations, including exceptions for withdrawals within the Southern Water Use Caution Area within the SWFWMD, a map and description of the portion of the CFCA lying within the SWFWMD, a description of CFCA permit conditions, and a sunset provision.

RULEMAKING AUTHORITY:

373.044, 373.103, 373.113, 373.118, 373.171 FS.

LAW:

373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.236, 373.239, 373.243 FS.

PRINT PUBLISH DATE:

9/7/2007 Vol. 33/36

COMMENTS:

From 9/7/2007 To 9/28/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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