12770455, 40D-2.331 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12770455

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.331

Modification of Permits

PURPOSE:

The purpose of this rulemaking is to amend Rule 40D-2.331, F.A.C. and the associated Water Use Permit Letter Modification Short Form (Form No. LEG-R.035.00 (3/09)) to allow for the use of the form to modify permits associated with the District’s Facilitating Agricultural Resource Management Systems (FARMS) program projects funded pursuant to Chapter 40D-26, F.A.C.  Standby quantities created as a result of a project will not be reduced as long as the permittee operates the project and the conditions of issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C. are met (and if requested by permittee, the permit is extended for twenty years).  The Modification Short Form is amended to allow a permittee to modify its permit to include or remove a FARMS project.   These changes are necessary due to negotiations regarding the contract associated with FARMS projects.

SUBJECT:

Modification of Permits

RULEMAKING AUTHORITY:

373.044, 373.113, 373.149, 373.171, 373.216, and 373.249 F.S.

LAW:

373.079(4)(a), 373.083(5), 373.171, and 373.239 F.S. History–Readopted 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09.

PRINT PUBLISH DATE:

3/18/2013 Vol. 39/53

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.149, 373.171, 373.216, and 373.249 F.S., 373.079(4)(a), 373.083(5), 373.171, and 373.239 F.S. History–Readopted 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09.

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://www.flrules.org/gateway/ruleno.asp?id=40D-2.331&PDate=3/18/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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