Rule: 40E-2.091 Prev   Up   Next

Rule Title: Publications Incorporated by Reference
Department: WATER MANAGEMENT DISTRICTS    Add to MyFLRules Favorites
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Division: South Florida Water Management District
Chapter: CONSUMPTIVE USE

Latest version of the final adopted rule presented in Florida Administrative Code (FAC):

VIEW_RULE Effective Date: 9/7/2015
History Notes: Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, 7-21-13, 7-14-14, 7-16-14, 9-7-15.
References in this version: Ref-03855 Report of Planting and Harvest of Seasonal Crops Form, Form No. 1376
Ref-03856 Water Quality Report Form, Form No. 1377
Ref-03857 Water Use Pumpage Report Form, Form No. 1378
Ref-03881 Flow Meter Accuracy Calibration Report Form, Form No. 1387
Ref-03882 Alternative Method Calibration Report Form, Form No. 1388
Ref-03883 Crop (Freeze) Protection Form, Form No. 1389
Ref-05372 Excerpt from ERP Handbook Vol I effective 08/10/14
Ref-05791 Applicant's Handbook for Water Use Permit Applications (eff. 9/7/2015)
Ref-05792 62-40.416(7), (8) and (9), F.A.C.
History of this Rule since Jan. 6, 2006
Notice /
Adopted
Section Description ID Publish
Date
View Text Petition
40E-2.011
......
the City of Pompano Beach on December 19, 2016.
  The Petitioner filed the Petition for Declaratory Statement on December 19, 2016, seeking a Declaratory Statement from the District ....
18406446 12/27/2016
Vol. 42/249
View Text Misc
40E-2.091
Notice of Extension of Regulatory Plan Deadlines 17347012 3/28/2016
Vol. 42/60
View Text Final
40E-2.091
Publications Incorporated by Reference 16382832 Effective:
09/07/2015
View Text Proposed
40E-2.061
......
The District proposes to amend these rules in accordance with the biennial review contemplated by Section 120.74(1), Fla. Stat., to identify and correct deficiencies in its rules; clarify and simplify its rules; delete obsolete .... 15899966 5/26/2015
Vol. 41/101
View Text Development
40E-2.061
......
The District proposes to amend its rules in accordance with the biennial review contemplated by Section 120.74(1), Fla. Stat. The proposed amendments provide clarity from Consumptive Use Permitting Consistency amendments..... 15712174 4/20/2015
Vol. 41/76
View Text Workshop
40E-2.091
Water reservation for the portions of the Kissimmee River, Floodplain and Kissimmee Chain of Lakes, in volumes, locations, and seasons of the ....
  December 12, 2014, 10:00 a.m.
  Osceola County Commission Chamber, Administration Building, ....
15318936 11/26/2014
Vol. 40/230
View Text Final
40E-2.091
Publications Incorporated by Reference 14780974 Effective:
07/16/2014
View Text Development
40E-2.091
The Kissimmee River Restoration Project (Restoration Project) is a joint partnership between the District and U.S. Army Corps of Engineers (USACE). The project will restore over 40 square miles of river/floodplain ecosystem .... 14801926 7/16/2014
Vol. 40/137
View Text Final
40E-2.091
Publications Incorporated by Reference 14769237 Effective:
07/14/2014
View Text Correction
40E-2.041
......
Permits Required, Publications Incorporated by Reference 14727818 6/23/2014
Vol. 40/121
View Text Change
40E-2.091
Publications Incorporated by Reference 14376872 5/27/2014
Vol. 40/102
View Text Proposed
40E-2.011
......
The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules as part of the Florida Department of Environmental Protection's statewide effort to improve consistency .... 14547883 5/23/2014
Vol. 40/101
View Text Development
40E-2.011
......
The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules implemented by the water management districts as part of the Florida Department of Environmental .... 14423141 5/9/2014
Vol. 40/91
View Text Withdrawal
40E-2.011
......
Policy and Purpose, Permits Required, No-Notice General Permit by Rule, Noticed General Permits and Individual Permits, Publications Incorporated by Reference, Content of Application, Conditions for Issuance .... 14384535 5/8/2014
Vol. 40/90
View Text Public Hearing
40E-2.091
Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural ....
  May 15, 2014, beginning 9:00 a.m.
  South Florida Water Management District, 3301 Gun Club Road, ....
14419261 4/23/2014
Vol. 40/79
View Text Misc
40E-2.091
Notice of Cancellation of Public Hearing 14411113 4/4/2014
Vol. 40/66
View Text Proposed
40E-2.091
Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with the implementation of Comprehensive Everglades Restoration .... 14178701 2/26/2014
Vol. 40/39
View Text Change
40E-2.041
......
Permits Required, Noticed General Permits and Individual Permits, Publications Incorporated by Reference, Limiting Conditions 14096154 2/25/2014
Vol. 40/38
View Text Workshop
40E-2.091
Water Reservation for the Comprehensive Everglades Restoration Plan Caloosahatchee River (C-43) West Basin Storage Reservoir Project.
  January 23, 2014, 10:00 am
  South Florida Water Management District Lower West Coast Regional ....
13931351 12/30/2013
Vol. 39/250
View Text Proposed
40E-2.011
......
The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts .... 13876934 12/10/2013
Vol. 39/238
View Text Workshop
40E-2.011
......
The District proposes to amend these rules and add a new rule regarding Noticed General Permits and Individual Permits as part of a statewide ....
  Aug 12, 2013, 10:00 a.m.
  South Florida Water Management District, Bill Storch Conference ....
13239547 7/25/2013
Vol. 39/144
View Text Final
40E-2.091
Publications Incorporated by Reference 13212484 Effective:
07/21/2013
View Text Proposed
40E-2.091
Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration .... 13001606 5/15/2013
Vol. 39/95
View Text Workshop
40E-2.011
......
The District proposes to develop rules as well as amend and repeal existing rules as part of a statewide effort headed by the Florida Department ....
  May 14, 2013, 10:00 a.m.
  South Florida Water Management District, B-1 Headquarters, Bill ....
12864157 4/30/2013
Vol. 39/84
View Text Development
40E-2.091
Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration .... 12157221 11/14/2012
Vol. 38/71
View Text Final
40E-2.091
Publications Incorporated by Reference 12139082 Effective:
10/23/2012
View Text Final
40E-2.091
Publications Incorporated by Reference 12007356 Effective:
09/26/2012
View Text Change
40E-2.091
Publications Incorporated by Reference 11774168 8/31/2012
Vol. 38/35
View Text Correction
40E-2.091
Publications Incorporated by Reference 11774362 7/27/2012
Vol. 38/30
View Text Development
40E-2.010
......
The South Florida Water Management District (SFWMD) gives notice that it is developing rules, as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and joined by all five water .... 11621781 7/20/2012
Vol. 38/29
View Text Proposed
40E-2.010
......
To update the District’s rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, F.S. 11615767 7/6/2012
Vol. 38/27
View Text Proposed
40E-2.091
To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require minor general water use permit applicants located .... 11571923 6/8/2012
Vol. 38/23
View Text Development
40E-2.010
......
To update and correct the District's rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, F.S. Specifically, the amendments: 1) update references to repealed .... 11523326 6/1/2012
Vol. 38/22
View Text Development
40E-2.091
Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration .... 11145705 3/2/2012
Vol. 38/09
View Text Development
40E-2.091
Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration .... 11123298 3/2/2012
Vol. 38/09
View Text Development
40E-2.091
To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require water use permit applicants to obtain written .... 10988565 2/3/2012
Vol. 38/05
View Text Development
40E-2.091
To amend Rule 40E-2.091, F.A.C., and Section 3.2.3.2.B.2 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to require minor general water use permit applicants located .... 10265042 10/7/2011
Vol. 37/40
View Text Petition
40E-2.091
Polk County, Florida.
  Polk County has applied for a consumptive use permit which proposes to withdraw groundwater from the Lower Floridan Aquifer at a site ....
10130988 7/29/2011
Vol. 37/30
View Text Final
40E-2.091
Publications Incorporated by Reference 8373057 Effective:
03/18/2010
View Text Final
40E-2.091
Publications Incorporated by Reference 8372960 Effective:
03/15/2010
View Text Hearing
40E-2.091
Publications Incorporated by Reference 8083415 12/31/2009
Vol. 35/52
View Text Proposed
40E-2.091
To assure water necessary for the protection of fish and wildlife in the North Fork of the St. Lucie River as part of the Comprehensive Everglades Restoration Plan for the Indian River Lagoon-South project. 7963038 12/11/2009
Vol. 35/49
View Text Change
40E-2.051
......
Exemptions, No-Notice General Permit by Rule, Publications Incorporated by Reference, Modification of Permits 7958673 11/25/2009
Vol. 35/47
View Text Final
40E-2.091
Publications Incorporated by Reference 7300431 Effective:
07/02/2009
View Text Development
40E-2.010
......
To assure water necessary for the protection of fish and wildlife in the St. Lucie Estuary as part of the Comprehensive Everglades Restoration Plan for the Indian River Lagoon – South Project. 7005163 4/10/2009
Vol. 35/14
View Text Change
40E-2.091
Publications Incorporated by Reference 6754515 2/27/2009
Vol. 35/08
View Text Proposed
40E-2.011
......
To incorporate requirements for protecting reserved water pursuant to Section 373.223(4), F.S. and to establish a water reservation for the Picayune Strand and Fakahatchee Estuary. 6606299 1/9/2009
Vol. 35/01
View Text Workshop
40E-2.051
......
To present changes to the proposed rule amendments, Rules 40E-2.051, 40E-2.061, 40E-2.091, and 40E-2.331, F.A.C., based on proposals for lower ....
  January 14, 2009, 9:00 a.m. (this new date replaces the January ....
  South Florida Water Management District, Building B-1, Auditorium, ....
6591458 1/9/2009
Vol. 35/01
View Text Public Hearing
40E-2.051
......
Public hearing to adopt amendments to create a general permit by rule for outdoor residential consumptive use of water and to allow modification ....
  February 12, 2009, 9:00 a.m. (this new date replaces the January ....
  South Florida Water Management District, B-1 Auditorium, 3301 ....
6586026 12/31/2008
Vol. 34/53
View Text Workshop
40E-2.051
......
Public comments and proposals for lower cost regulatory alternatives received by the District.
  January 12, 2009, 12:00 p.m.
  South Florida Water Management District Headquarters, B-1 Auditorium, ....
6564977 12/24/2008
Vol. 34/52
View Text Development
40E-2.010
......
To assure water necessary for the protection of fish and wildlife in the Kissimmee River, the Floodplain and the Upper Chain of Lakes. 6476028 11/26/2008
Vol. 34/48
View Text Change
40E-2.051
......
Exemptions, No-Notice General Permit by Rule, Publications Incorporated by Reference, Modification of Permits 6437034 11/21/2008
Vol. 34/47
View Text Proposed
40E-2.051
......
The purpose of the proposed rules is to create a general permit by rule for landscape irrigation use and to allow modification of such a permit that does not allow more cumulative days and time to conduct landscape irrigation .... 6337997 11/7/2008
Vol. 34/45
View Text Final
40E-2.091
Publications Incorporated by Reference 6238669 Effective:
10/14/2008
View Text Correction
40E-2.091
Publications Incorporated by Reference 6111308 9/12/2008
Vol. 34/37
View Text Change
40E-2.091
Publications Incorporated by Reference 6040789 8/29/2008
Vol. 34/35
View Text Workshop
40E-2.091
Rules 40E-2.091, 40E-24.011, 40E-24.101, 40E-24.201, 40E-24.301, 40E-24.401, 40E-24.501, and 40E-20.091, F.A.C. To amend the District's year-round ....
  July 30, 2008, 2:30 p.m.
  South Florida Water Management District, B-1 Auditorium, 3301 ....
5840581 7/11/2008
Vol. 34/28
View Text Development
40E-2.011
......
To identify the authorities and regulatory tools to be used to protect water from the natural system from consumptive uses and specifically define the volume and timing of water to be reserved from allocation for the Picayune .... 5809250 7/3/2008
Vol. 34/27
View Text Proposed
40E-2.091
To address water supply availability issues within the Lake Okeechobee Service Area by amending consumptive use criteria which will also serve as a component of the Lake Okeechobee minimum flow and level recovery strategy. .... 5783933 7/3/2008
Vol. 34/27
View Text Development
40E-2.051
......
The proposed amendments will: 1) eliminate exemptions for water used at single family dwellings or duplexes for home lawn and ornamental irrigation, car washing, and other incidental uses; 2) institute provisions for a general .... 5775106 6/27/2008
Vol. 34/26
View Text Workshop
40E-2.091
Water availability within the Lake Okeechobee Service Area. Rule 40E-2.091, F.A.C., and the "Basis of Review for Water Use Permit Applications ....
  April 23, 2008, 2:00 p.m.
  UF/IFAS Everglades Research & Education Center, 3200 East Palm ....
5437934 4/4/2008
Vol. 34/14
View Text Workshop
40E-2.091
Water Availability in the Lake Okeechobee Service Area.
  March 3, 2008, 9:00 a.m. (NOTE: This rule development workshop ....
  South Florida Water Management District, B-1 Auditorium, 3301 ....
5241412 2/15/2008
Vol. 34/07
View Text Final
40E-2.091
Publications Incorporated by Reference 5194076 Effective:
02/13/2008
View Text Development
40E-2.091
To amend the rules to address water availability within the Lake Okeechobee Service Area. 5125982 1/18/2008
Vol. 34/03
View Text Change
40E-2.091
Publications Incorporated by Reference 5022386 12/28/2007
Vol. 33/52
View Text Development
40E-2.091
To amend the rules to provide clarity and certainty regarding water allocation for the Lake Okeechobee Service Area. Specifically, the District proposes to establish use classifications for water supply and to clarify the .... 4916365 12/7/2007
Vol. 33/49
View Text Public Hearing
40E-2.091
......
Continuation of the public hearing regarding the adoption of proposed interim rules to include a balanced regulatory approach for protecting ....
  November 15, 2007, 9:00 a.m.
  Key Largo Bay Marriott Beach Resort, 103800 Overseas Highway, ....
4779110 11/2/2007
Vol. 33/44
View Text Final
40E-2.091
Publications Incorporated by Reference 4562024 Effective:
09/13/2007
View Text Proposed
40E-2.091
......
To implement an interim regulatory strategy for protecting the public interest against excessive stress on water resources of Central Florida due to the consumptive use of water, providing for allocations of available groundwater .... 4445333 9/7/2007
Vol. 33/36
View Text Proposed
40E-2.091
To amend Section 1.7.3.3 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District to extend the application and expiration dates for the Lake Okeechobee Basin irrigation .... 4376560 7/27/2007
Vol. 33/30
View Text Development
40E-2.091
To extend the application date and basin expiration date for the Lake Okeechobee Basin. The irrigation permit application date for the Lake Okeechobee Basin is proposed to be extended until October 30, 2008 and the expiration .... 4180135 5/25/2007
Vol. 33/21
View Text Final
40E-2.091
Publications Incorporated by Reference 4030464 Effective:
04/23/2007
View Text Development
40E-2.091
......
This second Notice of Proposed Rule Development will address the development and amendment of consumptive use permit criteria and conditions for public water supply applicants and other similar applicants withdrawing groundwater .... 3933852 4/20/2007
Vol. 33/16
View Text Proposed
40E-2.091
......
To regulate the use of water from the Everglades and To regulate the use of water from the Everglades and North Palm Beach County/Loxahatchee River Watershed Waterbodies (“Waterbodies”) by the Lower East Coast and Northern .... 3836076 3/2/2007
Vol. 33/09
View Text Workshop
40E-2.091
Proposed rule amendments to the Water Shortage Plan and Lake Okeechobee Regional Water Supply rules concerning management of available water ....
  March 2, 2007, 1:00 p.m. - 3:00 p.m.
  South Florida Water Management District, B-1 Auditorium, 3301 ....
3543718 2/9/2007
Vol. 33/06
View Text Workshop
40E-2.091
Consumptive use permit criteria and conditions applicable to public water supply applicants in the Central Florida Coordination Area. The Central ....
  February 20, 2007, 10:00 a.m. - 12:00 p.m.
  9150 Curry Road, Orange County Utilities Administration Building, ....
3531302 2/2/2007
Vol. 33/05
View Text Development
40E-2.091
......
To address the development and amendment of consumptive use permit criteria and conditions for public water supply in Central Florida including Orange, Osceola and Polk Counties. This rule development is proposed to be coordinated .... 3129916 11/3/2006
Vol. 32/44
View Text Development
40E-2.091
Section 373.227(4), Florida Statutes, allows the water management districts to amend their Basis of Review for Consumptive Water Use Permits for Public Water Suppliers to include provisions for “Goal Based Water Conservation .... 570571 8/11/2006
Vol. 32/32
View Text Final
40E-2.091
Publications Incorporated by Reference 1717887 Effective:
08/31/2003