Rule No.: RULE TITLE
40D-2.021: Definitions
40D-2.041: Permits Required
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of Application
40D-2.331: Modification of Permits
40D-2.381: Standard Permit Conditions
40D-2.801: Water Use Caution Areas
PURPOSE AND EFFECT: In January 2010, farmers in the Dover/Plant City area pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet and caused more than 750 temporarily dry wells for neighboring homeowners. Pumping groundwater for freeze protection is a best management practice for strawberry, citrus, and other industries and is authorized by water use permits. However, the farmers were responsible for fixing hundreds of the dry wells. Amendments to Chapter 40D-2, F.A.C., are being made as part of a rulemaking package, which will also include amendments to Chapters 40D-1, 40D-8, and 40D-80, F.A.C., to prevent a similar situation. Amendments to Chapter 40D-8, F.A.C., will establish a minimum aquifer level. The District has determined that the actual levels are below the proposed minimum aquifer level. As required by Section 373.0421, F.S., amendments to Chapter 40D-80, F.A.C., will establish a minimum aquifer level recovery strategy for the Dover/Plant City area. This will be accomplished by the proposed water use permitting rule amendments to Chapter 40D-2, F.A.C., included in the rulemaking package, Particularly, amendments to Chapter 40D-2, F.A.C., will establish a Water Use Caution area in the Dover/Plant City area and will establish associated water use permitting requirements to limit groundwater pumpage for frost/freeze protection in the area. Additionally, the amendments will revise and update District water use forms to be used in that area.
SUBJECT AREA TO BE ADDRESSED: Water use permitting requirements for frost/freeze groundwater withdrawals for the proposed Dover/Plant City Water Use Caution Area to implement the minimum level recovery strategy for the WUCA. The recovery strategy is to achieve the proposed minimum aquifer level for the Water Use Caution Area. Additionally, the amendments will add, revise and update District water use forms to be used in that Water Use Caution Area.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.0395, 373.042, 373.0421, 373.0363, 373.079(4)(a), 373.083(5), 373.0831, 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.1963, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.244, 373.250, 403.0877 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Pamela Gifford, Certified Legal Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4156 (OGC#2010010)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.