9509800, 40D-2.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 9509800

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.021	Definitions
40D-2.041	Permits Required
40D-2.091	Publications and Forms Incorporated by Reference
40D-2.101	Content of Application
40D-2.381	Standard Permit Conditions
40D-2.801	Water Use Caution Areas

PURPOSE:

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. Effective and complete implementation of the current phase of the management strategy for the Dover/Plant City area frost/freeze crop protection pumping is dependent on each of the proposed amendments to Chapters 40D-1, 40D-2, 40D-8 and 40D-80, F.A.C. The District has set a goal to by January 2020 to reduce groundwater withdrawals for frost/freeze protection by 20% from January 2010 quantities to lessen the potential that drawdown during a frost/freeze event would lower the aquifer level at District Well DV-1 Suwannee below 10 feet NGVD. The District proposes water use permitting requirements in Chapter 40D-2, F.A.C., to limit groundwater pumpage for frost/freeze protection in the area. Additionally, the amendments to Chapters 40D-1 and 40D-2, F.A.C., will incorporate revised and new District water use permit application forms to implement the provisions of the proposed companion amendments to Chapters 40D-2, 40D-8 and 40D-80, F.A.C., be used in the proposed Dover/Plant City WUCA.

SUMMARY:

Amendments to Chapter 40D-2, F.A.C., will create a Dover/Plant City Water Use Caution Area (DPC WUCA) in portions of Hillsborough and Polk counties. Additionally, The proposed amendments to Chapter 40D-2, F.A.C., and the Water Use Permit Basis of Review incorporated by reference in Chapter 40D-2, F.A.C., include the following water use permitting criteria for water use permit applicants and permittees within the the DPC WUCA or having an impact on the Minimum Aquifer Level Protection Zone proposed for the DPC WUCA in Chapter 40D-8, F.A.C., simultaneously with this rulemaking:
•	Establishing that the impacts of existing permits on the minimum aquifer level will not be a basis for permit denial.
•	Allowing existing permittees to move their operation to another location through “self-relocation.”
•	Clarifying that existing permits can be transferred to a new owner.
•	Limiting new groundwater pumping for frost/freeze protection by not allowing additional drawdowns within the WUCA.
•	Establishing the frost/freeze event used to model impacts of new permit applications.
•	Allowing new groundwater withdrawals to be authorized through several “net benefit” mechanisms. The most common mechanism will likely be retiring an existing permitted groundwater quantity that has had an impact on or within the minimum aquifer level protection zone. The rule allows 80% of that existing freeze protection impact to be re-permitted, with 20% being retired to assist in the recovery of aquifer levels in the area.
•	Establishing a freeze protection allocation criterion for a 21-hour frost/freeze event based on University of Florida Institute of Food and Agricultural Sciences (IFAS) research and recommendations. For strawberry, blueberry, and nursery crops, the quantity allocated is based on 6,788 gallons per hour (gph) per acre and the citrus allocation is 3,000 gph per acre. Aquaculture will be based on site specific criteria. There is no limit on the number of freeze events per year.
•	Establishing that all permit applicants with frost/freeze protection quantities, including renewals and modifications, must evaluate alternative methods of groundwater such as tailwater recovery ponds and crop covers. Any alternatives that are deemed feasible must be implemented. The District’s Facilitating Agricultural Resource Management Systems (FARMS) program will be offering funding and assistance in this area.
•	Requiring automatic meter reading devices for all permits with frost/freeze protection quantities. The District will provide funding for new meters and automatic meter reading equipment as well as the installation for all existing permits that do not already have these devices.
•	Implementing a new system for investigating and mitigating well complaints.
•	Deletes the language whereby a permittee shall mitigate sinkholes or subsidence caused by reduction in water levels.
Additionally, the amendments to Chapter 40D-2, F.A.C., will incorporate revised and new District water use permit application forms to implement the provisions of the proposed companion amendments to Chapters 40D-2, 40D-8 and 40D-80, F.A.C., be used in the proposed Dover/Plant City WUCA. These forms include: Small General Water Use Permit Application Form No. LEG-R.027.01 (12/10), General Water Use Permit Application Form No. LEG-R.028.01(12/10), Individual Water Use Permit Application Form No. LEG-R.029.01(12/10), Water Use Permit Application Supplemental Form-Agriculture, Form No. LEG-R.030.01(12/10), Application to Renew a Small General Water Use Permit for Agricultural Use, Form No. LEG-R.036.01(12/10), Small General Water Use Permit Application –Agricultural Attachment, Form No. LEG-R.037.01(12/10). New forms are also being incorporated by reference that require Dover/Plant City area applicants, depending on their proposed water use, to submit. These forms include: Dover/Plant City Water Use Caution Area Supplemental Form, Form No. LEG-R.050.00(12/10) and Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area, Form No. LEG-R.051.00 (12/10).

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 FS.

LAW:

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.

PRINT PUBLISH DATE:

12/23/2010 Vol. 36/51

COMMENTS:

From 12/23/2010 To 1/13/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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