Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 34, August 28, 2009 issue of the Florida Administrative Weekly.

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35, No. 34, August 28, 2009, Vol. 35, No. 36, September 11, 2009, Vol. 35, No. 51, December 24, 2009, Vol. 36, No. 6, February 12, 2010, Vol. 36, No. 9, and March 5, 2010, issues of the Florida Administrative Weekly.

Changes are made to address comments received from the public on Rules 40D-2.091 and 40D-2.321, F.A.C., which are part of the rules referred to as “20-Year WUP rules”. The 20-Year WUP rules consist of amendments to Rules 40D-1.607, 40D-2.091, 40D-2.301, and 40D-2.321, F.A.C., and proposed Rule 40D-2.322, F.A.C. The changes to certain of the 20-Year WUP rules are as follows:

The following document is incorporated by reference in Rule 40D-2.091 and paragraph 6. of section 2.1 is changed as follows:

WATER USE PERMIT INFORMATION MANUAL

PART B, BASIS OF REVIEW

2.0 ADMINISTRATIVE CONSIDERATIONS

2.1 CONTROL OF PROPERTY AND ACTIVITIES

6. Permittee shall periodically confirm that the permittee’s use of the water continues to be consistent with the permit (e.g., irrigation of 100 acres of citrus) and that the permittee is the person or entity currently conducting the water use authorized by the permit ~~water use activities conducted by the permittee continue to be consistent with the permit and that the information included in the permit continues to be accurate~~. The dates for this confirmation will be specified in water use permits based upon the use type authorized by the permit and the likelihood that the water use activities and information in the permit will change over the duration of the permit.

The following change is made to subsection 40D-2.321(5):

40D-2.321 Duration of Permits.

(1) through (4) No change.

(5) Permits with a duration greater than 10 but less than 20 years as provided in subsection (1) above shall be granted based upon, at the time of application, the period of time for which the applicant demonstrates a demand and provides reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in Part B, Basis of Review, of the Water Use Permit Information Manual.