Current through Reg. 50, No. 187; September 24, 2024
(1) Effect of Supplemental Rules. These
"Supplemental Regulatory Measures for Silver Springs" shall be adopted by the
District, as a component of the overall prevention strategy for Silver Springs.
In adopting these rules, the District acknowledges the increasing stress on
Silver Springs and the mandate of the legislature to foster the development of
additional water supplies and avoid the adverse effects of competition.
However, these rules do not abrogate the rights of the Governing Board or of
any other person under Section
373.233,
F.S. This regulatory framework provides a comprehensive strategy for
allocations of available Upper Floridan groundwater and expeditious development
of alternative water supplies and offset projects to minimize competition and
thereby provide greater certainty of outcome than competition.
(2) Definitions.
(a) Demonstrated 2024 Demand - the quantity
of water from the Upper Floridan aquifer needed to meet demands in 2024.
Demonstrated 2024 Demand will be calculated utilizing the methodologies
described in Section 2.2 of the Applicant's Handbook that is incorporated by
reference in
40C-2.101(1)(a),
F.A.C., and water use data.
(b)
Existing permitted uses - permitted uses as of April 12, 2017.
(c) Silver Springs MFLs - the minimum flows
and levels for Silver Springs in 40CER17-01 or as adopted in rule
40C-8.031,
F.A.C., whichever is in effect.
(3) Evaluation of Potential Impacts. All
applications, including applications for renewals, modifications, and new uses,
shall be evaluated for their potential individual and cumulative impacts on the
Silver Springs MFLs. Potential impacts to the Silver Springs MFLs shall be
assessed using the Northern District Groundwater Flow Model Version 5.0,
effective April 12, 2017, which is hereby incorporated by reference and
available at St. Johns River Water Management District, Bureau of Resource
Evaluation & Modeling, 4049 Reid Street, Palatka, Florida 32177-2529, Tel.
(386) 329-4500, and at Department of State, Florida Administrative Code and
Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL
32399-0250, Tel. (850)245-6270. This Emergency Rule and all subsections thereof
shall not apply within the Central Florida Water Initiative Area, as defined in
Paragraph
373.0465(2)(a),
F.S. (2016).
(4) Existing Permitted
Uses. Existing permitted uses shall be considered consistent with the
Prevention Strategy for uses up to the Demonstrated 2024 Demand, or its
permitted allocation in 2024, whichever is lower.
(5) Individual Permit Applicants that do not
have a Potential Impact to the Silver Springs MFLs. Permit applications that do
not demonstrate a potential impact to the Silver Springs MFLs based on the
total requested allocation shall be issued provided the applicant meets the
conditions for issuance.
(6)
Additional Review Criteria for all Individual Permit Applicants that have a
Potential Impact to the Silver Springs MFLs.
(a) Renewals and Modifications with a
Requested Allocation Less Than or Equal to the Demonstrated 2024 Demand.
1. Renewals and modifications of existing
permitted uses with requested allocations from the Upper Floridan aquifer less
than or equal to the Demonstrated 2024 Demand shall be issued provided the
applicant meets the conditions for issuance; however, an applicant may seek a
duration that extends beyond 2024 for that level of allocation.
2. Exceptions. The limitation in Paragraph
(6)(a)1. on groundwater allocations to an amount no greater than a permittee's
Demonstrated 2024 Demand shall not limit permitted groundwater withdrawals
from:
a. Aquifer storage and recovery wells
that receive only surface water, stormwater, or reclaimed water, when the
volume of water withdrawn does not exceed the volume of water injected;
or
b. The surficial aquifer
immediately below or adjacent to a stormwater management system or surface
water reservoir where any drawdown in the surficial aquifer will be offset by
recharge from the system or reservoir.
(b) Renewals and Modifications with Requested
Allocations Greater Than the Demonstrated 2024 Demand. Renewal and modification
applications for existing permitted uses proposing an allocation of groundwater
from the Upper Floridan aquifer greater than the Demonstrated 2024 Demand shall
provide reasonable assurance of elimination or offset of potential impacts to
the Silver Springs MFLs for that portion of the requested allocation that
exceeds the Demonstrated 2024 Demand.
(c) New Permits. In addition to meeting the
conditions for issuance, applications that request the use of groundwater from
the Upper Floridan aquifer for a duration beyond 2024 shall provide reasonable
assurance of elimination or offset of potential impacts to the Silver Springs
MFLs for the requested allocation.
(d) Methods for Addressing Potential Impacts.
An applicant may eliminate or offset potential impacts to the Silver Springs
MFLs by implementation of one or more of the options listed below:
1. Propose an alternative water supply, as
defined in Section
373.019(1), F.S.,
sufficient to meet the additional demand, and identify a schedule for
implementation, construction and operation for the alternative water supply
system. An alternative water supply will be approved under this rule if it is
adequate to meet the reasonable increased demands without causing harm to the
water resources of the area and meets all other permitting criteria in Chapter
40C-2, F.A.C.
2. Propose adequate
offset projects to eliminate potential impacts to the Silver Springs MFLs, and
identify a schedule for implementation, construction and operation of the
offset project(s). Offset projects may include, but are not limited to, the use
of impact offsets [Subsection
62-40.416(7),
F.A.C.] and recharge systems. Subsection
62-40.416(7),
F.A.C., is incorporated by reference in
40C-2.101(1)(b),
F.A.C. For offset projects that are not addressed by Subsection
62-40.416(7),
F.A.C., the following requirements apply:
a.
The benefit of any offset project, or a portion thereof, shall accrue to the
entity providing the offset project, or one or more entities designated by the
providing entity, so long as the providing entity or designated entity
demonstrates a demand for the water and meets the conditions for permit
issuance. If the providing entity or designated entity cannot demonstrate a
demand for all the water made available by the offset project during the
recommended duration of the permit, any remaining water shall be available for
use in the following order:
(I) Deficits
associated with existing exempt and sub-threshold uses.
(II) Deficits associated with anticipated
exempt and sub-threshold uses.
(III) Deficits associated with existing
permitted uses.
(IV) Applications
for new uses or increases in allocation in accordance with District
rules.
b. The proposed
withdrawal, after application of the offset project credit, must result in no
net adverse impact on the limited water resource.
c. If an applicant meets the conditions for
permit issuance after consideration of an offset project (either as a providing
entity or designated entity), the District shall incorporate the project into
the permit. The duration of an offset project must be, at a minimum, equal to
or greater than the duration of the consumptive use permit in which it is
incorporated.
d. When reviewing an
application for renewal of a consumptive use permit containing an offset
project, the District shall renew the allocation based on the continuation of
the offset project provided the conditions for permit issuance are
met.
e. Credits shall not be
granted for past actions or actions taken under existing permits, unless the
credits are already authorized in a permit. This limitation shall not restrict
the District's consideration of the effect of past actions when considering the
potential impacts of a permit application, or consideration of a permittee's
request to modify an existing permit to quantify the amount of any credit
remaining available.
f. Offset
projects recognized in a consumptive use permit cannot be transferred to other
users, except in the same manner as the permit itself and in compliance with
applicable water management district rules.
3. The District anticipates that its water
resource development projects and its designation as a receiving entity of
offsets from District's cost-share projects may result in the development of
new quantities above and beyond the quantities necessary to ensure that the
Silver Springs MFLs will be met. All or a portion of these new quantities that
are not reserved or otherwise designated for the water resource will be made
available to permit. If an applicant has contributed to a District water
resource development project, the applicant may apply for quantities made
available through a District water resource development project as an offset to
potential impacts to the Silver Springs MFLs, provided the applicant
demonstrates that:
a. Both the proposed
withdrawal and the water resource development or cost-share project affect the
Silver Springs MFLs.
b. The
quantity developed in excess of the quantity reserved or otherwise designated
for Silver Springs has been determined.
c. The proposed quantities will not interfere
with quantities reserved or otherwise designated by the District for water
resource development.
4.
Permanently retiring from use the reasonable-beneficial quantities associated
with one or more CUPs that impact the Silver Spring MFLs. The amount of offset
credit for retiring CUPs will be limited to the amount of reduction in
potential impacts to the Silver Springs MFLs associated with the retired
quantity. For agricultural, recreational, and landscape irrigation uses, the
retired quantity will be based on the average annual allocation which is the
amount of supplemental irrigation required during a five in ten rainfall
condition. For all other use types, the retired quantity will be based on the
actual permitted allocation.
For each option selected under Subsection (6)(d), an
applicant must provide reasonable assurance that the option will be implemented
as proposed.
(7) Conservation. In determining the amount
of offsets that must be developed as set forth in Section (6) above, the
applicant may subtract the portion of its demand that the applicant
demonstrates will be satisfied by water conservation under Subsection 2.2.2.5.
of the Applicant's Handbook that is incorporated by reference in
40C-2.101(1)(a),
F.A.C.
(8) Temporary Allocation. A
permittee that will lack sufficient supplemental water supplies or offsets
after 2024 from which to obtain the increase in quantity above its Demonstrated
2024 Demand shall be allocated a temporary amount of groundwater to meet that
increase only if it has exercised due diligence to meet all schedule
requirements in the permit for developing and using supplemental water supply
and providing that other conditions for issuance in Rule
40C-2.301,
F.A.C., and the Applicant's Handbook that is incorporated by reference in
40C-2.101(1)(a),
F.A.C., are met. Any such temporary allocation shall cease when water from the
supplemental water supply or offset project becomes available.
(9) Irrigation Uses. The reasonable need for
an agricultural, recreational, or landscape irrigation use is based on the
amount of water needed to supply the supplemental irrigation requirements of
the type of crop, turf or landscape grown. In determining reasonable need, the
District will determine the supplemental irrigation requirements for both
drought and average annual conditions. Drought allocation will be considered
the amount of supplemental irrigation required during a two in ten year
rainfall condition. Average annual allocation will be considered the amount of
supplemental irrigation required during a five in ten year rainfall condition.
This quantity does not include crop protection.
(10) Self-Relocation. A Permittee with
existing permitted impacts on Silver Springs may modify its consumptive use
permit to relocate to a different property all or a portion of the used and
unused reasonable-beneficial permitted quantity. When relocated, the withdrawal
of the quantities cannot increase impacts to Silver Springs and must meet all
other applicable permitting criteria included in Chapter 40C-2, F.A.C., and the
Applicant's Handbook that is incorporated by reference in
40C-2.101(1)(a),
F.A.C. A Self-Relocation cannot include any change in ownership, control, Use
Type or increase in quantities. Crop rotation, by planting and irrigating
non-contiguous properties within the same locale in a structured, revolving
fashion, is allowed under a single permit and is not considered
Self-Relocation.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented
373.042, 373.0421, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239,
373.243, 373.246, 373.250, 373.805 FS.
This emergency rule is being adopted pursuant to
373.042(2)(c), F.S. (2016), and will remain in effect until the related
Supplemental Regulatory Measures for Silver Springs proposed in rule
40C-2.101,
F.A.C., becomes effective.
