9373418, 40D-2.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9373418

Notice of Development of Rulemaking

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-2.331	Modification of Permits
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. Amendments to Chapter 40D-8, F.A.C., will establish a minimum aquifer level. The District has determined that the actual levels are below the proposed minimum aquifer level. As required by Section 373.0421, F.S., amendments to Chapter 40D-80, F.A.C., will establish a minimum aquifer level recovery strategy for the Dover/Plant City area. This will be accomplished by the proposed water use permitting rule amendments to Chapter 40D-2, F.A.C., included in the rulemaking package, Particularly, amendments to Chapter 40D-2, F.A.C., will establish a Water Use Caution area in the Dover/Plant City area and will establish associated water use permitting requirements to limit groundwater pumpage for frost/freeze protection in the area. Additionally, the amendments will revise and update District water use forms to be used in that area.

SUBJECT:

Water use permitting requirements for frost/freeze groundwater withdrawals for the proposed Dover/Plant City Water Use Caution Area to implement the minimum level recovery strategy for the WUCA. The recovery strategy is to achieve the proposed minimum aquifer level for the Water Use Caution Area. Additionally, the amendments will add, revise and update District water use forms to be used in that Water Use Caution Area.

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:

11/12/2010 Vol. 36/45

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.171 FS., 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.

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-2.021&PDate=11/12/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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