40D-2.091: Publications Incorporated by Reference
40D-2.301: Conditions for Issuance of Permits
40D-2.321: Duration of Permits
PURPOSE AND EFFECT: As directed by the Governing Board, the district is seeking public input on proposed rule amendments requiring 75% of irrigation water needs to be met with alternative water supplies to obtain a 20 year permit for multi-phase, long-term projects that require both a WUP and ERP.
SUBJECT AREA TO BE ADDRESSED: Proposed rule amendments concerning environmental resource permit and water use permit requirements for issuance of a water use permit to applicants that desire 20 year permits for multi-phase, long-term projects.
SPECIFIC AUTHORITY: 373.044, 373.103, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.103, 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.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 14, 2008, 9:00 a.m.
PLACE: Southwest Florida Water Management District Tampa Service Office, Governing Board Room, 7601 Hwy 301 North, Tampa, FL 33637-6759
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Dianne Lee at (352)796-7211 or 1(800)423-1476, extension 4658; TDD only number 1(800)231-6103; FAX number (352)754-6878/SUNCOM 663-6878. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Karen A. Lloyd, Assistant General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-2.091 Publications Incorporated by Reference.
The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:
(1) Water Use Permit Information Manual Part B, “Basis of Review” (____) (2/08) and Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area” (1/07);
(2) through (5) No change.
Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 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, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08,_________.
40D-2.301 Conditions for Issuance of Permits.
(1) In order to obtain a Water Use Permit, an Applicant must demonstrate that the water use is reasonable and beneficial, is in the public interest, and will not interfere with any existing legal use of water, by providing reasonable assurances, on both an individual and a cumulative basis, that the water use:
(a) through (n) No change.
(2) For projects which require both an ERP and a WUP, an application for an ERP shall be completed prior to issuance of the WUP when the design of the surface water management system can affect the quantities developed from the project site and the quantities needed to supply project water demands from other sources. The application may be for a Conceptual Environmental Resource Permit, provided that the application contains information from which supplemental irrigation demands, potable water demands, other use demands and water supply quantities derived from the surface water management system can be calculated. Permit Applicants for projects which require both a water use permit and a surface water permit pursuant to District Rules shall submit a completed surface water management permit application to the District prior to issuance of a Water Use Permit. If the District determines that a permit application involves an area where the Water Use Permit may not be granted because of water resource problems, the requirement for a complete Environmental Resource Permit application may be waived by the District. Where such waivers are granted, the Water Use Permit shall specify that a well construction permit will not be issued and that withdrawals cannot commence until the appropriate District surface water permit is issued.
(3) No change.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229 FS. History–Readopted 10-5-74, Amended 12-31-74, 2-6-78, 7-5-78, Formerly 16J‑2.11, 16J-2.111, Amended 1-25-81, 10-1-89, 2-10-93, 8-3-00, 4-14-02, 1-1-07,________.
40D-2.321 Duration of Permits.
(1) The District shall determine the duration of a Water Use Permit, including Standby Permits, based on the degree and likelihood of potential adverse impacts to the water resource or existing users.
(2) The duration of a water use permit shall not exceed six years when:
(a) The permit is for a new use greater than or equal to 500,000 gpd;
(b) The District determines there is a potential for significant adverse impacts and further evaluation is needed to develop an effective mitigation plan; or
(c) The permit is for a renewal to significantly increase quantities.
(3) The duration of a water use permit shall not exceed 10 years when:
(a) The permit is for a new use less that 500,000 gpd;
(b) The permit is for a renewal with an effective mitigation plan to address potential adverse impacts; or
(c) The permit is for a renewal with no significant modification.
(4) If the District determines that a permit term longer than 10 years is appropriate based on facts presented by an Applicant, the District shall issue a permit for a period up to 50 years in accordance with Section 373.236, F.S.
(5) Where a permit is required for the development of Alternative Water Supplies, such permit will be granted for a duration of 20 years. If the permittee issued bonds for the project’s construction, the permit shall be extended for the time required to retire the bonds, in accordance with Section 373.236(4), F.S.
(6) For projects that will meet at least 75% of supplemental irrigation demands during average annual rainfall conditions with Alternative Water Supplies through a conjunctive use system at project build-out, an applicant may request a 20 year permit duration for Alternative Water Supplies and ground water quantities, including those for standby for temporary or permanent losses of Alternative Water Supplies. Where the project requires a complete Environmental Resource Permit (ERP) pursuant to subsection 40D-2.302(2), F.A.C., a permit condition shall be applied that requires the permittee to re-evaluate water demands and sources at the submittal of any Individual ERP applications pertaining to the project. If the re-evaluation indicates sources or demands have changed from those presented in the original application, the water use permit shall be modified to take into account the updated information, provided, however, that the water use shall continue to meet all conditions for issuance for a water use permit.
(7)(6) Permits with annual average daily withdrawals of less than 500,000 gpd shall be eligible for extension of the expiration date in accordance with procedures set forth in Section 1.9 of the District’s “Basis of Review for Water Use Permit Applications” as described in Rule 40D-2.091, F.A.C.
(8) Where necessary to maintain reasonable assurances that the conditions for issuance continue to be met, a permit condition shall be applied that requires reports at specified times that demonstrate continuing compliance with conditions for issuance and the permit. For permits with a 20 year duration, the compliance report provisions Section 373.236(3), F.S., shall apply.
Specific Authority 373.044, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.236 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07,__________.
The following provision of the Water Use Permit Information Manual, Part B, Basis of Review, incorporated by reference in 40D-2.091, F.A.C., is proposed to be amended as shown:
Water Use Permit Information Manual
Part B, Basis of Review
Section 3.1 Determining Reasonable Quantities
PERMITS WITH ALTERNATIVE WATER SUPPLIES IN THE SWUCA
New Permits – If an application includes the use of Alternative Water Supplies to supply all or a portion of the requested demand, and the applicant demonstrates that, through no fault of the applicant, the Alternative Water Supplies are vulnerable to becoming unavailable, insufficient or unsuitable for the authorized use, upon request by the applicant, a permit will be issued that puts use of the non-alternative source on standby status, provided the withdrawal and use of the non-alternative water supply source meets all the conditions for issuance. The standby quantity will be for an amount equal to the quantity offset by the Alternative Water Supplies. This standby quantity is to be used only when the Alternative Water Supplies become unavailable, insufficient or unsuitable; or economically, technically or environmentally infeasible for the authorized use. In no case will the standby quantity exceed the permitted quantity.
New 1-1-07.
Existing Permits – Where Alternative Water Supplies provide all or a portion of permitted quantities, and if requested by the applicant, a permit will be issued that puts use of the water source on standby status, in an amount equal to the quantity offset by the Alternative Water Supplies. This standby permit is to be used only when, for reasons outside the Permittee's control, the Alternative Water Supplies become unavailable, insufficient or unsuitable for the authorized use; or economically, technically or environmentally infeasible. In no case will the standby quantity exceed the permitted quantity.
New 1-1-07.
Loss of Alternative Water Supplies – Where a permittee is to use an Alternative Water Supply in lieu of a non-Alternative Water Supply and the Alternative Water Supply becomes temporarily (exceeding 30 days) insufficient or unsuitable, the permittee shall notify the District in writing within 15 days of the event. Such notification shall be submitted monthly for each subsequent 30 days, for up to one year from the date of first loss, while the supply of alternative water supplies remains insufficient or unsuitable for the authorized use. During this time, the withdrawal of standby quantities is allowed to meet the authorized use up to the maximum amount of the permitted standby quantities. If the loss of the Alternative Water Supplies exceeds one year, the District shall issue a Letter of Modification, subject to all requirements of subsection 40D-2.331(2), F.A.C., to modify the non-alternative water supplies quantities that may be withdrawn. If the standby permit is for a withdrawal within the SWUCA, a Letter of Modification shall be issued to modify the quantities that may be withdrawn even if the quantities to be withdrawn exceed the quantity thresholds included in subsection 40D-2.331(2), F.A.C.
New 1-1-07, ______.