Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to include in the list of District forms the Water Use Permit Application Supplemental Form – Public Supply, Form No. LEG-R.033.01 (9/09) and the Small General Water Use Permit Application Public Supply Attachment, Form No. LEG-R.045.00 (9/09), which are being adopted by the District. Amendments also delete from the list the Public Supply Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.012.00(4/09), which is being repealed.
SUMMARY: The District is revising its Water Use Permit (WUP) application forms in coordination with expansion of the Water Management Information System, or WMIS, which can now accept General and Individual WUP applications in addition to applications for Small General WUPs. Rule 40D-1.659, F.A.C., which lists all District forms, is amended to include a revised Public Supply Supplemental form to be submitted for Individual and General WUPs and a new Public Supply Attachment form for use with Small General WUP applications for public supply water use. The Public Supply Supplemental Form for use only in the Southern Water Use Caution Area is no longer be needed and is repealed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171, 373.337 FS.
LAW IMPLEMENTED: 373.0831(3), 373.116, 373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Martinez, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4660

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.watermatters.org.

(1) GROUND WATER

(a) through (m) No change.

(n) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – PUBLIC SUPPLY, FORM NO. LEG-R.033.0100 (9/09) (3/09), incorporated by reference in subparagraph 40D-2.101(2)(a)4., F.A.C.

(o) through (w) No change.

(x) PUBLIC SUPPLY SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.012.01 (4/09), incorporated by reference in paragraph 40D-2.101(6)(a), F.A.C.

(y) through (gg) renumbered (x) through (ff) No change.

(gg) SMALL GENERAL WATER USE PERMIT APPLICATION – PUBLIC SUPPLY ATTACHMENT, FORM NO. LEG-R.045.00 (9/09), incorporated by reference in subparagraph 40D-2.101(2)(c)4., F.A.C.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.0831(3), 373.116, 373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50 FS. History– New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1.901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 2-26-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 9, 2009