3933852, 40E-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3933852

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

CONSUMPTIVE USE

Overview

RULE:

40E-2.091	Publications Incorporated by Reference
40E-2.301	Conditions for Issuance of Permits
40E-2.321	Duration of Permit
40E-2.331	Modification of Permits
40E-2.381	Permit Conditions

PURPOSE:

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 in Central Florida, including, Orange, Osceola and Polk Counties. The first Notice of Proposed Rule Development was published in the Florida Administrative Weekly on November 3, 2006, Vol. 32, No. 44, page 5131, addressed only public water supply applicants. However, in response to comments received in the ongoing rule development process, the proposed rule development has been expanded to include “other similar applicants”. This rule development will be coordinated with similar rule development by the St. Johns River Water Management District in Orange, Osceola, and Seminole Counties and southern Lake County, and the Southwest Florida Water Management District in Polk County. This rule development will propose rule amendments to Chapters 40E-2 and 40E-20, F.A.C., and the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District” to address the three Districts' joint conclusion that: (1) sustainable quantities of groundwater in Central Florida are insufficient to meet future public water supply applicants' and other similar applicants' demands; and (2) that there is an immediate need to develop and implement alternative water supply projects in Central Florida to supplement groundwater supplies.
The legal description of the affected Central Florida area, called the Central Florida Coordination Area (CFCA), will be included in the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District”. Under the proposed rules, water supply utilities and other similar applicants proposing to withdraw groundwater in the CFCA will generally be restricted to demonstrated 2013 demands. Such an applicant may be issued a permit with a duration of up to 20 years for the 2013 allocation if the applicant will develop at least one alternative water supply (AWS) project to supply its water demands above 2013 demand levels. Alternatively, the applicant may demonstrate that AWS development is infeasible for all the increase above its 2013 demand. In this case, the applicant must maximize use of AWS for as much of the increase as is feasible and must use AWS for the remainder of the increase when provided by others, to the extent feasible. A public supply utility or other similar applicant will be restricted to a permit duration of no more than December 31, 2013, if the applicant does not develop AWS or use AWS to meet as much of the increase above its 2013 demand as is feasible. The relationship between the Basis of Review and Rule 40E-2.301, F.A.C., will be clarified.

SUBJECT:

Consumptive use permit criteria and conditions applicable to water supply applicants and other similar applicants withdrawing groundwater in the Central Florida Coordination Area. The proposed rule amendments will contain definitions of key terms such as CFCA AWS, other similar applicant, and public supply utility. A description of special CFCA permit conditions will also be proposed. Many of the proposed amendments will be made in the Basis of Review. A clarification regarding the relationship between the Basis of Review and Rule 40E-2.301, F.A.C., will also be provided.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 FS.

LAW:

373.023, 373.042, 373.0421, 373.185, 373.219, 373.223, 373.224, 373.226, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.

PRINT PUBLISH DATE:

4/20/2007 Vol. 33/16

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.171 FS., 373.023, 373.042, 373.0421, 373.185, 373.219, 373.223, 373.224, 373.226, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40E-2.091&PDate=4/20/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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