29054330, 62-41.400 - Florida Administrative Rules, Law, Code, Register

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Notice: 29054330

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

REGULATION OF THE CONSUMPTIVE USES OF WATER

Overview

RULE:

62-41.400	Outstanding Florida Springs, Scope of Rule
62-41.401	Outstanding Florida Springs, Conditions for Issuance of Permits
62-41.402	Outstanding Florida Springs, Uniform Definition of Harmful to the Water Resources of the Area

PURPOSE:

Rule 62-41.400, F.A.C., identifies the scope of the rules for the .400 series, which relate to the regulation of consumptive uses of water that may impact an Outstanding Florida Spring (OFS) or its spring run as defined in subsections 373.802(5) and 373.802(8), F.S. Rule 62-41.401, F.A.C., defines the term “Harmful to Water Resources” for purposes of consumptive use permits for OFS areas and requires applicants to provide reasonable assurance that their withdrawal will not cause such harm to the water resources, related to an OFS. Rule 62-41.402, F.A.C., creates uniform conditions for issuance for consumptive use permits whose withdrawals influence an OFS.

SUMMARY:

This rule implements subsection 373.219(3), F.S., for Outstanding Florida Springs, which requires the department to adopt uniform rules, consistent with the overall policy of the state, for issuing permits which prevent groundwater withdrawals that are harmful to the water resources and adopt by rule a uniform definition of the term “harmful to the water resources.” These supplemental rules provide the basis for the evaluation of consumptive uses of water to ensure they are not harmful to an Outstanding Florida Spring or its spring run as defined in subsections 373.802(5) and 373.802(8), F.S. And this rule states that the .400 series will be used as minimum standards in the evaluation of consumptive use permits to ensure that these permits are not harmful to an Outstanding Florida Spring or its spring run. Rule 62-41.400, F.AC., sets the scope of the rules and provides definitions. Rule 62-41.401, F.A.C., sets forth the uniform criteria for determining whether consumptive uses are harmful and enumerates multiple prongs for evaluating adverse impacts. Finally, this rule states what information a permit applicant will need to provide to ensure that the consumptive use will not cause harm through any of the enumerated impacts. Rule 62-41.402, F.A.C., states that agencies shall not issue permits for the consumptive use of water that are harmful to Outstanding Florida Springs and their spring runs. Further, it provides a list of the reasonable assurance information that must be provided by the permit applicant concerning the use of the water, that the withdrawals will not cause harm to Outstanding Florida Springs and their spring runs, and that the permits are in accordance with any minimum flows or levels or implementation strategies established pursuant to sections 373.042 and 373.0421, F.S. and will not use water reserved pursuant to subsection 373.223(4), F.S.

RULEMAKING AUTHORITY:

373.216, 373.217, 373.219, 373.223, 373.2234, 373.801, 373.802, 373.805, 373.813, F.S.

LAW:

373.223, 373.802, F.S.

PRINT PUBLISH DATE:

12/10/2024 Vol. 50/239

COMMENTS:

From 12/10/2024 To 12/31/2024 (21 Days)

REFERENCE MATERIALS:

No reference(s).

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