Florida Regulations 62-41.301: Central Florida Water Initiative Area, Uniform Conditions for Issuance of Permits
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For consumptive use applicants with withdrawal points within the CFWI Area, this rule supersedes in their entirety subsections 40C-2.301(1) and (2); 40D-2.301(1) and (2); and 40E-2.301(1), F.A.C.
(1) To obtain a consumptive use permit, renewal, or modification within the CFWI Area, 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) Will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible, except for those agricultural uses outlined in Section 2.9 of the Central Florida Water Initiative Area Supplemental Applicant’s Handbook, incorporated in subsection 62-41.302(1), F.A.C.;
(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 Florida Statutes § 373.223(4)
(3) The standards, criteria, and conditions in the Applicant’s Handbooks identified in subsections 62-41.300(2)-(4), F.A.C., and the Supplemental Applicant’s Handbook incorporated by reference in subsection 62-41.302(1), F.A.C., shall be used to determine whether the requirements of subsections (1) and (2) are met.
(4) Nothing in these rules shall create a presumption with regards to modification of any existing Consumptive Use Permit within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook. Following the effective date of these rules, each District shall modify all applicable existing Consumptive Use Permits with withdrawal points within the CFWI to be consistent with Rules 62-41.301 through 62-41.305, F.A.C., and applicable permit conditions specified in Section 5.0, of the Supplemental Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 62-41.302, are incorporated into all CUPs within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook.
Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History-New 6-21-21.
(1) To obtain a consumptive use permit, renewal, or modification within the CFWI Area, 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) Will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible, except for those agricultural uses outlined in Section 2.9 of the Central Florida Water Initiative Area Supplemental Applicant’s Handbook, incorporated in subsection 62-41.302(1), F.A.C.;
(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 Florida Statutes § 373.223(4)
(3) The standards, criteria, and conditions in the Applicant’s Handbooks identified in subsections 62-41.300(2)-(4), F.A.C., and the Supplemental Applicant’s Handbook incorporated by reference in subsection 62-41.302(1), F.A.C., shall be used to determine whether the requirements of subsections (1) and (2) are met.
(4) Nothing in these rules shall create a presumption with regards to modification of any existing Consumptive Use Permit within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook. Following the effective date of these rules, each District shall modify all applicable existing Consumptive Use Permits with withdrawal points within the CFWI to be consistent with Rules 62-41.301 through 62-41.305, F.A.C., and applicable permit conditions specified in Section 5.0, of the Supplemental Applicant’s Handbook, incorporated by reference in Fl. Admin. Code R. 62-41.302, are incorporated into all CUPs within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook.
Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History-New 6-21-21.