Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-2 - WATER USE PERMITS
Section 40D-2.041 - Permits Required

(1) The District issues two types of WUPs, a general WUP by rule issued pursuant to subsection (3) and an individual WUP issued pursuant to subsection (4). Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to any use, withdrawal or diversion of water.

(2) A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same irrigation infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Rule 40D-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits. This requirement to aggregate two or more properties shall not apply when the separate properties have existing individual permits that require metering for all withdrawals or the water user requests a permit modification to the permits to require metering for all withdrawals.

(3) A general WUP by rule is hereby established for withdrawals of water listed below that do not meet or exceed any permitting threshold. The Governing Board hereby grants a General Permit by Rule for all non-exempt withdrawals of water within the District that satisfy the following criteria:

(4) Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to any use, withdrawal, or diversion of water. An individual WUP must be obtained from the District prior to withdrawal of water if any of the following thresholds are met or exceeded:

(5) WUP categories are based on the combined annual average quantities, defined as the total reasonable-beneficial water quantity necessary for the proposed water use, to be obtained during 1 year from ground water, surface water, alternative water supply, imported water or any other water source, divided by 365 days and expressed in gpd.

(6) Notwithstanding the criteria enumerated in subsection (3), an individual WUP is required for all withdrawals of water:

(7) Any person whose use otherwise meets the criteria for a general WUP as specified in subsection (3) may submit an application to obtain an individual WUP at their sole discretion.

(8) Upon the effective date of amendments defining WUPs as provided above, any permit issued which, as a result of such amendments, is thereafter defined as a different permit for which a higher fee is required shall be converted by the District to the applicable permit without any fee payment. If a submitted application for a permit is pending as of the effective date of amendments defining WUPs and, as result of such amendments, will be issued as a permit requiring a higher application fee payment, no additional fee payment shall be required in order for the application to be considered complete.