Current through Reg. 50, No. 187; September 24, 2024
(1)
To obtain a water use permit, renewal, or modification, an applicant must
provide reasonable assurance that the proposed consumptive use of water, on an
individual and cumulative basis:
(a) Is a
reasonable-beneficial use;
(b) Will
not interfere with any presently existing legal use of water; and
(c) Is consistent with the public
interest.
(2) In order to
provide reasonable assurances that the consumptive use is
reasonable-beneficial, an applicant shall demonstrate that the consumptive use:
(a) Is a quantity that is necessary for
economic and efficient use;
(b) Is
for a purpose and occurs in a manner that is both reasonable and consistent
with the public interest;
(c) Will
utilize a water source that is suitable for the consumptive use;
(d) Will utilize a water source that is
capable of producing the requested amount;
(e) Except when the use is for human food
preparation and direct human consumption, will utilize the lowest quality water
source that is suitable for the purpose and is technically, environmentally,
and economically feasible;
(f) Will
not cause harm to existing offsite land uses resulting from hydrologic
alterations;
(g) Will not cause
harm to the water resources of the area in any of the following ways:
1. Will not cause harmful water quality
impacts to the water source resulting from the withdrawal or
diversion;
2. Will not cause
harmful water quality impacts from dewatering discharge to receiving
waters;
3. Will not cause harmful
saline water intrusion or harmful upconing;
4. Will not cause harmful hydrologic
alterations to natural systems, including wetlands or other surface waters;
and,
5. Will not otherwise cause
harmful hydrologic alterations to the water resources of the
area.
(h) Is in
accordance with any minimum flow or level and implementation strategy
established pursuant to Sections
373.042 and
373.0421, F.S.; and
(i) Will not use water reserved pursuant to
Section 373.223(4),
F.S.
(3) The standards
and criteria set forth in the Water Use Permit Applicant's Handbook,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16339,
effective March 2024, hereby incorporated by reference into this chapter, if
met, will provide the reasonable assurances required in Rule
40B-2.301,
F.A.C.
Rulemaking Authority
373.044,
373.113,
373.171 FS. Law Implemented
373.042,
373.0421,
373.185,
373.219,
373.223,
373.226,
373.227,
373.228,
373.229,
373.232,
373.236,
373.239,
373.250
FS.
New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-13, 8-22-13,
3-24-14, 1-9-19, 12-4-19, 3-7-24.
