291308, 40D-2.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 291308

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.011	Policy and Purpose
40D-2.021	Definitions
40D-2.041	Permits Required
40D-2.091	Publications and Forms Incorporated by Reference
40D-2.301	Conditions for Issuance of Permits
40D-2.302	Reservations from Use
40D-2.321	Duration of Permits
40D-2.331	Modification of Permits
40D-2.621	Water-Conserving Credits
40D-2.801	Water Use Caution Areas

PURPOSE:

To adopt rules to implement the regulatory portion of the recovery strategy for minimum flows and levels for certain water bodies within the Southern Water Use Caution Area that are being proposed as amendments to Chapter 40D-8, F.A.C. simultaneously with these rules.

SUMMARY:

The proposed rules provide that if the actual flow or level of a water body is below the minimum flow or level, a new quantity of water will not be permitted unless the proposed withdrawal will provide a net benefit to the impacted water body. The proposed rules describe the three types of net benefit that can be proposed. 
In order to maximize the efficient utilization of water resources in the SWUCA to allow for recovery, the District proposes rules that will emphasize that new and renewal water use permits applicants must demonstrate a reasonable-beneficial use, that conservation measures will be implemented and alternative sources of water will be utilized to the extent economically, technically and environmentally feasible. 
The proposed rules include a method for calculating public water supply service area population so that calculation of population is standardized for utilities within the Southern Water Use Caution Area. This standardization is integral to the determination of compliance with per capita daily water use rule requirements and to developing future per capita daily water use standards.
The proposed rules repeal the Highlands Water Use Caution Area and the Eastern Tampa Bay Water Use Caution Area.

RULEMAKING AUTHORITY:

373.044, 373.103, 373.113, 373.118, 373.171, 373.216, 373.249 FS.

LAW:

373.042, 373.0421, 373.044, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.224, 373.226, 373.227, 373.229, 373.233, 373.336, 373.239, 373.243 FS.

PRINT PUBLISH DATE:

4/21/2006 Vol. 32/16

COMMENTS:

From 4/21/2006 To 5/12/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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