8998222, 40C-2.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8998222

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.101	Publications Incorporated by Reference
40C-2.331	Modification of Permits
40C-2.381	Permit Limiting Conditions
40C-2.501	Permit Classification
40C-2.900	Forms and Instructions

PURPOSE:

The purposes and effects of this rulemaking are to: (1) expand the types of modifications to consumptive use permits (CUPs) that can be requested by letter (rather by filling out and submitting a complete CUP application form); (2) clarify the procedures and criteria for all CUP modifications, including letter modifications; (3) revise and update the permit limiting conditions, and allow a permit limiting condition to be waived or modified when the condition is inapplicable to the activity authorized by the CUP; (4) repeal outdated general permit conditions (by type of use) and outdated special conditions; (5) reduce the number of water use types from 23 down to seven, define the water use types, and make changes to parts of the CUP Handbook incorporated by reference in Rule 40C-2.900, F.A.C., and the CUP application form and other forms incorporated by reference in Rule 40C-2.900, F.A.C., to conform to the new water use type categories; (6) revise and update the CUP application form and update rule references to this form; (7) adopt Water Use Record (EN-50) and Water Use Reporting Verification (EN-51) forms incorporated by reference in Rule 40C-2.900, F.A.C.; (8) adopt Annual Statement of Continuing Use form incorporated by reference in Rule 40C-2.900, F.A.C., as part of rulemaking to reduce water use reporting requirements for small water users (described below); (9) define “domestic use,” consistent with the statutory definition in subsection 373.019(6), F.S.; (10) revise the drought frequency used in determining the supplemental irrigation needed for agriculture from a two in ten year drought to a one in ten year drought, for consistency with the statutory requirement in Section 373.0361, F.S.; (11) define “one in ten year drought” and repeal definition of “two in ten year drought” and make conforming changes; (12) clarify the requirements for supplemental irrigation models and expand the types of supplemental irrigations models allowed; (13) clarify rules that apply to permit transfers; (14) clarify monitoring requirements regarding water withdrawal quantities for CUPs initially issued prior to July 23, 1991 and clarify such monitoring for CUPs initially issued on or after July 23, 1991; (15) reduce water use reporting requirements for small users (with permitted CUP allocations not exceeding 100,000 gallons per day on an annual average), who will be allowed to annually submit an “Annual Statement of Continuing Use” rather than semi-annually submitting EN-50 forms; and (16) clarify that individual and standard general CUP applicants must submit a water conservation plan in their permit application.

SUBJECT:

The proposed rule amendments would: (1) expand modifications of CUPs by letter; (2) clarify the procedures and criteria for all CUP modifications (including letter modifications); (3) revise and update permit limiting conditions and repeal outdated permit conditions; (4) condense the water use type categories; (5) revise and update the CUP application form; (6) adopt Water Use Record (EN-50) and Water Use Reporting (EN-51) forms; (7) define “domestic use”; (8) change the drought frequency used in determining the supplemental irrigation needed for agriculture from a two in ten year drought to a one in ten year drought; (9) define “one in ten year drought” and repeal the definition of “two in ten year drought”; (10) clarify the requirements for supplemental irrigation models and expand the types of such models allowed; (11) clarify permit transfer criteria; (12) clarify monitoring requirements for water withdrawal quantities; (13) reduce water use reporting requirements for certain small users if they annually submit an “Annual Statement of Continuing Use”; (14) clarify who must submit a water conservation plan as part of a CUP application; and (15) miscellaneous conforming changes.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 FS.

LAW:

373.0361, 373.183(5), 373.118, 373.216, 373.219, 373.223, 373.229, 373.239 FS.

PRINT PUBLISH DATE:

8/20/2010 Vol. 36/33

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.171 FS., 373.0361, 373.183(5), 373.118, 373.216, 373.219, 373.223, 373.229, 373.239 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://www.flrules.org/gateway/ruleno.asp?id=40C-2.101&PDate=8/20/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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