40E-2.091 : Publications Incorporated by Reference - Florida Administrative Rules, Law, Code, Register

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Rule Title: Publications Incorporated by Reference
Department:	WATER MANAGEMENT DISTRICTS	Add to MyFLRules Favorites
Division:	South Florida Water Management District
Chapter:	CONSUMPTIVE USE

Latest version of the final adopted rule presented in Florida Administrative Code (FAC):

	Effective Date:	4/17/2024
	History Notes:	Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.042, 373.0421, 373.083, 373.109, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, 7-21-13, 7-14-14, 7-16-14, 9-7-15, 1-31-21, 3-21-21, 6-13-22, 4-17-24.
	References in this version:	Ref-03855 Report of Planting and Harvest of Seasonal Crops Form, Form No. 1376 Ref-03857 Water Use Pumpage Report Form, Form No. 1378 Ref-03881 Flow Meter Accuracy Calibration Report Form, Form No. 1387 Ref-03882 Alternative Method Calibration Report Form, Form No. 1388 Ref-03883 Crop (Freeze) Protection Form, Form No. 1389 Ref-05792 62-40.416(7), (8) and (9), F.A.C. Ref-12718 Form 1392 CFWI Daily Stage and Withdrawal Data Ref-12719 Form 1393 CFWI Temporary Request and Authorization of Withdrawal Facility Operation Ref-12773 UK-OPS Model Ref-14397 SFWMD Applicant's Handbook Ref-16543 Water Quality Report Form-Form 1377

History of this Rule since Jan. 6, 2006

Section	Description	ID	Publish Date

Development 40E-2.091 ......	Senate Bill 1386 requires water management districts to develop rules promoting reclaimed water use and encouraging quantifiable potable water offsets with specific requirements for such rules. The South Florida Water Management ....	28921052	11/1/2024 Vol. 50/215
Final 40E-2.091	Publications Incorporated by Reference	28215474	Effective: 04/17/2024
Proposed 40E-2.091 ......	Update South Florida Water Management District’s Water Use Permit forms to include North American Vertical Datum as an alternative to National Geodetic Vertical Datum.	28073466	2/20/2024 Vol. 50/35
Development 40E-2.091 ......	The purpose and effect will be to update forms to include North American Vertical Datum as an alternative to National Geodetic Vertical Datum.	27900127	12/27/2023 Vol. 49/249
Final 40E-2.091	Publications Incorporated by Reference	25912791	Effective: 06/13/2022
Proposed 40E-2.091	To establish and amend existing consumptive use permitting criteria to protect water made available by the Loxahatchee River Watershed Restoration Project (LRWRP), a component of the Comprehensive Everglades Restoration ....	25784266	4/22/2022 Vol. 48/79
Development 40E-2.091	To amend existing consumptive use permitting criteria to protect water made available by the Loxahatchee River Watershed Restoration Project (LRWRP), a component of the Comprehensive Everglades Restoration Plan (CERP). The ....	25378418	12/21/2021 Vol. 47/245
Final 40E-2.091	Publications Incorporated by Reference	24278826	Effective: 03/21/2021
Change 40E-2.091	Publications Incorporated by Reference	24168537	2/8/2021 Vol. 47/25
Final 40E-2.091	Publications Incorporated by Reference	24113344	Effective: 01/31/2021
Change 40E-2.091	Publications Incorporated by Reference	24000630	12/21/2020 Vol. 46/246
Proposed 40E-2.091	The Kissimmee River Restoration Project (KRRP) restores over 40 square miles of river/floodplain ecosystem including 43 miles of meandering river channel and 27,000 acres of wetlands. The project is a joint partnership between ....	23902854	11/20/2020 Vol. 46/227
Public Hearing 40E-2.091	Adopt Amendments to Rule 40E-2.091, F.A.C., and the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management .... Thursday, December 10, 2020, 9:00 a.m., during the District’s .... This meeting will be conducted via Zoom, a media technology ....	23912748	11/20/2020 Vol. 46/227
Proposed 40E-2.091	The Everglades Agricultural Area (EAA) Reservoir is a critical component of Central Everglades Planning Project (CEPP) in the Comprehensive Everglades Restoration Plan (CERP). The project helps avoid harmful lake discharges ....	23720785	10/16/2020 Vol. 46/203
Workshop 40E-2.091	The Kissimmee River Restoration Project restores over 40 square miles of river/floodplain ecosystem including 43 miles of meandering river channel .... September 3, 2020, 10:00 a.m. https://zoom.us/webinar/regist.... This workshop will include online public engagement as part ....	23547155	8/18/2020 Vol. 46/161
Workshop 40E-2.091	The Everglades Agricultural Area (EAA) Reservoir is a critical component of Central Everglades Planning Project (CEPP) in the Comprehensive .... August 6, 2020, 10:00 a.m. https://zoom.us/webinar/register/.... This rule development workshop will include online public engagement ....	23454423	7/23/2020 Vol. 46/143
Development 40E-2.091	The Comprehensive Everglades Restoration Plan (CERP) is the framework to restore the Greater Everglades Ecosystem. As part of CERP, the EAA Reservoir Project was authorized by WRDA 2018 as a multi-purpose reservoir. It ....	23372749	6/30/2020 Vol. 46/127
Workshop 40E-2.091	Water reservation for the Kissimmee River and floodplain, and Chain of Lakes, in volumes, locations, and time of the year as is necessary for .... June 9, 2020, 10:00 a.m. https://zoom.us/webinar/register/WN_sMc8mFhdQbWBbBY85ZpNzQ .... This workshop will include online public engagement as part ....	23269638	5/26/2020 Vol. 46/102
Workshop 40E-2.091	This notice clarifies the email distribution from FLRULES.org, which incorrectly stated that the meeting would be held at the St. Cloud Field .... April 17, 2020, 10:00 a.m. Following the direction of Gov. Ron DeSantis and the Florida ....	23113856	4/6/2020 Vol. 46/67
Workshop 40E-2.091	Water reservation for the Kissimmee River and floodplain, and Chain of Lakes, in volumes, locations, and seasons of the year as is necessary .... April 17, 2020, 10:00 a.m. South Florida Water Management District St. Cloud Field Station, ....	23041591	4/3/2020 Vol. 46/66
Petition 40E-2.011 ......	the City of Pompano Beach on December 19, 2016. The Petitioner filed the Petition for Declaratory Statement on December 19, 2016, seeking a Declaratory Statement from the District ....	18406446	12/27/2016 Vol. 42/249
Misc 40E-2.091	Notice of Extension of Regulatory Plan Deadlines	17347012	3/28/2016 Vol. 42/60
Final 40E-2.091	Publications Incorporated by Reference	16382832	Effective: 09/07/2015
Proposed 40E-2.061 ......	The District proposes to amend these rules in accordance with the biennial review contemplated by Section 120.74(1), Fla. Stat., to identify and correct deficiencies in its rules; clarify and simplify its rules; delete obsolete ....	15899966	5/26/2015 Vol. 41/101
Development 40E-2.061 ......	The District proposes to amend its rules in accordance with the biennial review contemplated by Section 120.74(1), Fla. Stat. The proposed amendments provide clarity from Consumptive Use Permitting Consistency amendments.....	15712174	4/20/2015 Vol. 41/76
Workshop 40E-2.091	Water reservation for the portions of the Kissimmee River, Floodplain and Kissimmee Chain of Lakes, in volumes, locations, and seasons of the .... December 12, 2014, 10:00 a.m. Osceola County Commission Chamber, Administration Building, ....	15318936	11/26/2014 Vol. 40/230
Final 40E-2.091	Publications Incorporated by Reference	14780974	Effective: 07/16/2014
Development 40E-2.091	The Kissimmee River Restoration Project (Restoration Project) is a joint partnership between the District and U.S. Army Corps of Engineers (USACE). The project will restore over 40 square miles of river/floodplain ecosystem ....	14801926	7/16/2014 Vol. 40/137
Final 40E-2.091	Publications Incorporated by Reference	14769237	Effective: 07/14/2014
Correction 40E-2.041 ......	Permits Required, Publications Incorporated by Reference	14727818	6/23/2014 Vol. 40/121
Change 40E-2.091	Publications Incorporated by Reference	14376872	5/27/2014 Vol. 40/102
Proposed 40E-2.011 ......	The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules as part of the Florida Department of Environmental Protection's statewide effort to improve consistency ....	14547883	5/23/2014 Vol. 40/101
Development 40E-2.011 ......	The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules implemented by the water management districts as part of the Florida Department of Environmental ....	14423141	5/9/2014 Vol. 40/91
Withdrawal 40E-2.011 ......	Policy and Purpose, Permits Required, No-Notice General Permit by Rule, Noticed General Permits and Individual Permits, Publications Incorporated by Reference, Content of Application, Conditions for Issuance ....	14384535	5/8/2014 Vol. 40/90
Public Hearing 40E-2.091	Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural .... May 15, 2014, beginning 9:00 a.m. South Florida Water Management District, 3301 Gun Club Road, ....	14419261	4/23/2014 Vol. 40/79
Misc 40E-2.091	Notice of Cancellation of Public Hearing	14411113	4/4/2014 Vol. 40/66
Proposed 40E-2.091	Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with the implementation of Comprehensive Everglades Restoration ....	14178701	2/26/2014 Vol. 40/39
Change 40E-2.041 ......	Permits Required, Noticed General Permits and Individual Permits, Publications Incorporated by Reference, Limiting Conditions	14096154	2/25/2014 Vol. 40/38
Workshop 40E-2.091	Water Reservation for the Comprehensive Everglades Restoration Plan Caloosahatchee River (C-43) West Basin Storage Reservoir Project. January 23, 2014, 10:00 am South Florida Water Management District Lower West Coast Regional ....	13931351	12/30/2013 Vol. 39/250
Proposed 40E-2.011 ......	The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts ....	13876934	12/10/2013 Vol. 39/238
Workshop 40E-2.011 ......	The District proposes to amend these rules and add a new rule regarding Noticed General Permits and Individual Permits as part of a statewide .... Aug 12, 2013, 10:00 a.m. South Florida Water Management District, Bill Storch Conference ....	13239547	7/25/2013 Vol. 39/144
Final 40E-2.091	Publications Incorporated by Reference	13212484	Effective: 07/21/2013
Proposed 40E-2.091	Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration ....	13001606	5/15/2013 Vol. 39/95
Workshop 40E-2.011 ......	The District proposes to develop rules as well as amend and repeal existing rules as part of a statewide effort headed by the Florida Department .... May 14, 2013, 10:00 a.m. South Florida Water Management District, B-1 Headquarters, Bill ....	12864157	4/30/2013 Vol. 39/84
Development 40E-2.091	Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration ....	12157221	11/14/2012 Vol. 38/71
Final 40E-2.091	Publications Incorporated by Reference	12139082	Effective: 10/23/2012
Final 40E-2.091	Publications Incorporated by Reference	12007356	Effective: 09/26/2012
Change 40E-2.091	Publications Incorporated by Reference	11774168	8/31/2012 Vol. 38/35
Correction 40E-2.091	Publications Incorporated by Reference	11774362	7/27/2012 Vol. 38/30
Development 40E-2.010 ......	The South Florida Water Management District (SFWMD) gives notice that it is developing rules, as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water ....	11621781	7/20/2012 Vol. 38/29
Proposed 40E-2.010 ......	To update the District’s rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, F.S.	11615767	7/6/2012 Vol. 38/27
Proposed 40E-2.091	To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require minor general water use permit applicants located ....	11571923	6/8/2012 Vol. 38/23
Development 40E-2.010 ......	To update and correct the District's rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, F.S. Specifically, the amendments: 1) update references to repealed ....	11523326	6/1/2012 Vol. 38/22
Development 40E-2.091	Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration ....	11145705	3/2/2012 Vol. 38/09
Development 40E-2.091	Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration ....	11123298	3/2/2012 Vol. 38/09
Development 40E-2.091	To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require water use permit applicants to obtain written ....	10988565	2/3/2012 Vol. 38/05
Development 40E-2.091	To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require minor general water use permit applicants located ....	10265042	10/7/2011 Vol. 37/40
Petition 40E-2.091	Polk County, Florida. Polk County has applied for a consumptive use permit which proposes to withdraw groundwater from the Lower Floridan Aquifer at a site ....	10130988	7/29/2011 Vol. 37/30
Final 40E-2.091	Publications Incorporated by Reference	8373057	Effective: 03/18/2010
Final 40E-2.091	Publications Incorporated by Reference	8372960	Effective: 03/15/2010
Hearing 40E-2.091	Publications Incorporated by Reference	8083415	12/31/2009 Vol. 35/52
Proposed 40E-2.091	To assure water necessary for the protection of fish and wildlife in the North Fork of the St. Lucie River as part of the Comprehensive Everglades Restoration Plan for the Indian River Lagoon-South project.	7963038	12/11/2009 Vol. 35/49
Change 40E-2.051 ......	Exemptions, No-Notice General Permit by Rule, Publications Incorporated by Reference, Modification of Permits	7958673	11/25/2009 Vol. 35/47
Final 40E-2.091	Publications Incorporated by Reference	7300431	Effective: 07/02/2009
Development 40E-2.010 ......	To assure water necessary for the protection of fish and wildlife in the St. Lucie Estuary as part of the Comprehensive Everglades Restoration Plan for the Indian River Lagoon – South Project.	7005163	4/10/2009 Vol. 35/14
Change 40E-2.091	Publications Incorporated by Reference	6754515	2/27/2009 Vol. 35/08
Proposed 40E-2.011 ......	To incorporate requirements for protecting reserved water pursuant to Section 373.223(4), F.S. and to establish a water reservation for the Picayune Strand and Fakahatchee Estuary.	6606299	1/9/2009 Vol. 35/01
Workshop 40E-2.051 ......	To present changes to the proposed rule amendments, Rules 40E-2.051, 40E-2.061, 40E-2.091, and 40E-2.331, F.A.C., based on proposals for lower .... January 14, 2009, 9:00 a.m. (this new date replaces the January .... South Florida Water Management District, Building B-1, Auditorium, ....	6591458	1/9/2009 Vol. 35/01
Public Hearing 40E-2.051 ......	Public hearing to adopt amendments to create a general permit by rule for outdoor residential consumptive use of water and to allow modification .... February 12, 2009, 9:00 a.m. (this new date replaces the January .... South Florida Water Management District, B-1 Auditorium, 3301 ....	6586026	12/31/2008 Vol. 34/53
Workshop 40E-2.051 ......	Public comments and proposals for lower cost regulatory alternatives received by the District. January 12, 2009, 12:00 p.m. South Florida Water Management District Headquarters, B-1 Auditorium, ....	6564977	12/24/2008 Vol. 34/52
Development 40E-2.010 ......	To assure water necessary for the protection of fish and wildlife in the Kissimmee River, the Floodplain and the Upper Chain of Lakes.	6476028	11/26/2008 Vol. 34/48
Change 40E-2.051 ......	Exemptions, No-Notice General Permit by Rule, Publications Incorporated by Reference, Modification of Permits	6437034	11/21/2008 Vol. 34/47
Proposed 40E-2.051 ......	The purpose of the proposed rules is to create a general permit by rule for landscape irrigation use and to allow modification of such a permit that does not allow more cumulative days and time to conduct landscape irrigation ....	6337997	11/7/2008 Vol. 34/45
Final 40E-2.091	Publications Incorporated by Reference	6238669	Effective: 10/14/2008
Correction 40E-2.091	Publications Incorporated by Reference	6111308	9/12/2008 Vol. 34/37
Change 40E-2.091	Publications Incorporated by Reference	6040789	8/29/2008 Vol. 34/35
Workshop 40E-2.091	Rules 40E-2.091, 40E-24.011, 40E-24.101, 40E-24.201, 40E-24.301, 40E-24.401, 40E-24.501, and 40E-20.091, F.A.C. To amend the District's year-round .... July 30, 2008, 2:30 p.m. South Florida Water Management District, B-1 Auditorium, 3301 ....	5840581	7/11/2008 Vol. 34/28
Development 40E-2.011 ......	To identify the authorities and regulatory tools to be used to protect water from the natural system from consumptive uses and specifically define the volume and timing of water to be reserved from allocation for the Picayune ....	5809250	7/3/2008 Vol. 34/27
Proposed 40E-2.091	To address water supply availability issues within the Lake Okeechobee Service Area by amending consumptive use criteria which will also serve as a component of the Lake Okeechobee minimum flow and level recovery strategy. ....	5783933	7/3/2008 Vol. 34/27
Development 40E-2.051 ......	The proposed amendments will: 1) eliminate exemptions for water used at single family dwellings or duplexes for home lawn and ornamental irrigation, car washing, and other incidental uses; 2) institute provisions for a general ....	5775106	6/27/2008 Vol. 34/26
Workshop 40E-2.091	Water availability within the Lake Okeechobee Service Area. Rule 40E-2.091, F.A.C., and the "Basis of Review for Water Use Permit Applications .... April 23, 2008, 2:00 p.m. UF/IFAS Everglades Research & Education Center, 3200 East Palm ....	5437934	4/4/2008 Vol. 34/14
Workshop 40E-2.091	Water Availability in the Lake Okeechobee Service Area. March 3, 2008, 9:00 a.m. (NOTE: This rule development workshop .... South Florida Water Management District, B-1 Auditorium, 3301 ....	5241412	2/15/2008 Vol. 34/07
Final 40E-2.091	Publications Incorporated by Reference	5194076	Effective: 02/13/2008
Development 40E-2.091	To amend the rules to address water availability within the Lake Okeechobee Service Area.	5125982	1/18/2008 Vol. 34/03
Change 40E-2.091	Publications Incorporated by Reference	5022386	12/28/2007 Vol. 33/52
Development 40E-2.091	To amend the rules to provide clarity and certainty regarding water allocation for the Lake Okeechobee Service Area. Specifically, the District proposes to establish use classifications for water supply and to clarify the ....	4916365	12/7/2007 Vol. 33/49
Public Hearing 40E-2.091 ......	Continuation of the public hearing regarding the adoption of proposed interim rules to include a balanced regulatory approach for protecting .... November 15, 2007, 9:00 a.m. Key Largo Bay Marriott Beach Resort, 103800 Overseas Highway, ....	4779110	11/2/2007 Vol. 33/44
Final 40E-2.091	Publications Incorporated by Reference	4562024	Effective: 09/13/2007
Proposed 40E-2.091 ......	To implement an interim regulatory strategy for protecting the public interest against excessive stress on water resources of Central Florida due to the consumptive use of water, providing for allocations of available groundwater ....	4445333	9/7/2007 Vol. 33/36
Proposed 40E-2.091	To amend Section 1.7.3.3 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to extend the application and expiration dates for the Lake Okeechobee Basin irrigation ....	4376560	7/27/2007 Vol. 33/30
Development 40E-2.091	To extend the application date and basin expiration date for the Lake Okeechobee Basin. The irrigation permit application date for the Lake Okeechobee Basin is proposed to be extended until October 30, 2008 and the expiration ....	4180135	5/25/2007 Vol. 33/21
Final 40E-2.091	Publications Incorporated by Reference	4030464	Effective: 04/23/2007
Development 40E-2.091 ......	This second Notice of Proposed Rule Development will address the development and amendment of consumptive use permit criteria and conditions for public water supply applicants and other similar applicants withdrawing groundwater ....	3933852	4/20/2007 Vol. 33/16
Proposed 40E-2.091 ......	To regulate the use of water from the Everglades and To regulate the use of water from the Everglades and North Palm Beach County/Loxahatchee River Watershed Waterbodies (“Waterbodies”) by the Lower East Coast and Northern ....	3836076	3/2/2007 Vol. 33/09
Workshop 40E-2.091	Proposed rule amendments to the Water Shortage Plan and Lake Okeechobee Regional Water Supply rules concerning management of available water .... March 2, 2007, 1:00 p.m. - 3:00 p.m. South Florida Water Management District, B-1 Auditorium, 3301 ....	3543718	2/9/2007 Vol. 33/06
Workshop 40E-2.091	Consumptive use permit criteria and conditions applicable to public water supply applicants in the Central Florida Coordination Area. The Central .... February 20, 2007, 10:00 a.m. - 12:00 p.m. 9150 Curry Road, Orange County Utilities Administration Building, ....	3531302	2/2/2007 Vol. 33/05
Development 40E-2.091 ......	To address the development and amendment of consumptive use permit criteria and conditions for public water supply in Central Florida including Orange, Osceola and Polk Counties. This rule development is proposed to be coordinated ....	3129916	11/3/2006 Vol. 32/44
Development 40E-2.091	Section 373.227(4), Florida Statutes, allows the water management districts to amend their Basis of Review for Consumptive Water Use Permits for Public Water Suppliers to include provisions for “Goal Based Water Conservation ....	570571	8/11/2006 Vol. 32/32
Final 40E-2.091	Publications Incorporated by Reference	1717887	Effective: 08/31/2003

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