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. 36 No. 51, December 23, 2010 issue of the Florida Administrative Weekly.

The change made to the original proposed Rule 40D-2.091, F.A.C., is to add the words “[effective date of rule]” to indicate that the Water Use Information Manual Part B, Basis of Review for the Water use Permit Applications will not be effective until the rule becomes effective upon filing the rule with and receiving the effective date of the rule from the Secretary of State. Also, Section 373.245, F.S., was added to the Law Implemented section.

40D-2.091 Publications Incorporated By Reference.

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:

(a) Water Use Information Manual Part B, Basis of Review for Water Use Permit Applications (also referred to as the WUP Basis of Review) ([effective date of rule]) ~~6-30-10~~.

(b) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.0831, 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.1963, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.245, 373.250, 373.705, 373.709, 373.715 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, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, ________.

The following document is incorporated by reference in Rule 40D-2.091, F.A.C., and is proposed to be changed as indicated below.

Water Use Permit Information

Part B

WUP Basis of Review

The change made to original proposed section 3.3 is to substitute the word “shall” for the word “may” in the first line of the first paragraph.

3.3 AGRICULTURE.

Frost/Freeze Protection.

Frost/freeze protection quantities shall ~~may~~ be identified based on the number of acres to be protected, the crop grown, the ~~type of~~ irrigation system used, and the hours of pumpage required. If the number of hours is not known, the maximum daily quantity will be based on the best available data for frost/freeze recurrence and duration. Alternate calculations will be considered, but they must be thoroughly documented.

Frost/freeze protection quantities will be determined as set forth in Section 7.4 of the WUP Basis of Review incorporated in Rule 40D-2.091, F.A.C., for permits within the Dover/Plant City WUCA and for any permit with frost/freeze quantities authorized to be used or withdrawn from any combination of sources that if withdrawn from groundwater alone would have the potential to impact the Minimum Aquifer Level Protection Zone established for the Dover/Plant City WUCA.

Revised _______

In the proposed Chapter 7.0, subsection 7.4.6, titled Permit Conditions: Investigation of Frost/Freeze and Crop Establishment Withdrawal-related Well Complaints by Permittees within the Dover/Plant City WUCA; condition C.4, the change made to the original proposed section is to delete the word “may” and substitute the word “shall” in the last sentence.

C. Permittee’s Mitigation Activities and Report.

1. through 3. No change.

4. Within one business day after the complaint is fully mitigated, the permittee shall provide a report to the District in which the permittee details the activities undertaken by either the complainant or the permittee to mitigate the complaint as well as any reimbursements made by the permittee to the complainant. The permittee shall provide a copy of this report to the complainant. The District will review the report submitted by the permittee and shall require additional action by the permittee if the District determines that the complaint has not been fully mitigated.