Current through Reg. 50, No. 187; September 24, 2024
(1)
To obtain a consumptive 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 or 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
Subsection 373.223(4),
F.S.
(3)
(a) The Governing Board may reserve water
from use or withdrawal under the authority of a consumptive use permit, in such
locations and quantities, and for such seasons of the year, as in its judgment
may be required for the protection of fish and wildlife or the public health
and safety. The Governing Board hereby determines and finds that protection of
the water resource from significant harm is required for protection of the
public health and safety.
(b) Such
reservation of water shall be implemented by rule, pursuant to Section
373.223(4),
F.S., and shall be subject to periodic review and revisions by the Governing
Board in the light of changed conditions.
(4) Except as otherwise provided by law, the
applicant shall have the burden of proof to establish and present sufficient
data to support a finding by the District that the proposed use meets the
conditions specified in subsections (1) and (2), above. The standards,
criteria, and conditions in the Applicant's Handbook: Consumptive Uses of
Water, which is incorporated by reference in paragraph
40C-2.101(1)(a),
F.A.C., shall be used in determining whether the requirements of subsections
(1) and (2), above, are met. However, when an application was complete before
July 1, 2018, then the applicant may elect review in accordance with the
standards, criteria, and conditions that were in effect immediately prior to
July 1, 2018.
Rulemaking Authority
373.044,
373.113,
373.171,
373.229 FS. Law Implemented
373.042,
373.0421,
373.219,
373.223,
373.224,
373.226,
373.250 FS.
New 1-1-83, Amended 5-31-84, Formerly 40C-2.301,
40C-2.0301, Amended 7-23-91, 9-16-92, 1-20-93, 6-7-93, 1-7-99, 2-13-08,
8-14-14, 7-1-18.
