Florida Regulations 62-41.305: Central Florida Water Initiative Area, Applicability of the Dover/Plant City and Southern Water Use Caution Area Recovery Strategies
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(1) Pursuant to Section 373.0465(d), F.S., this rule includes existing recovery strategies within the Central Florida Water Initiative (CFWI) Area adopted before July 1, 2016. This includes only the Southern Water Use Caution Area (SWUCA) and the Dover/Plant City Water Use Caution Area (Dover/Plant City WUCA) Recovery Strategies.
(2) By inclusion, the Department ensures that these recovery strategies remain in effect in the areas currently covered by these strategies within the Southwest Florida Water Management District (SWFWMD). Nothing in this rule shall be interpreted to apply these recovery strategies to other areas within the CFWI Area.
(3) The Department hereby adopts and incorporates by reference herein the following provisions of Chapters 40D-2 and 40D-80, F.A.C., which shall apply to all applicants located within the SWUCA or Dover/Plant City WUCA, as applicable:
(a) Paragraph 40D-2.801(3)(b), F.A.C., effective May 19, 2014, including all subparts, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12432);
(b) Paragraph 40D-2.801(3)(c), F.A.C., effective May 19, 2014, including all subparts (https://www.flrules.org/Gateway/reference.asp?No=Ref-12438);
(c) Fl. Admin. Code R. 40D-80.074, effective May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12433), entitled “”Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area””;
(d) Fl. Admin. Code R. 40D-80.075, effective May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12434), entitled “”Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area””;
(e) Paragraph 40D-2.331(2)(b), F.A.C., effective September 29, 2015, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12435), relating to all requests to self-relocate or to increase withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level;
(f) Fl. Admin. Code R. 40D-2.621, effective date May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12436), relating to individual consumptive use permits for irrigation;
(4) The Department hereby adopts and incorporates by reference the following provisions of the Southwest Florida Water Management District’s Applicant’s Handbook, Part B, effective date February 18, 2020, (https://www.flrules.org/Gateway/reference.asp?No=Ref-11553), which shall apply to all applicants located within the SWUCA or Dover/Plant City WUCA, as applicable, and shall be used in addition to provisions of the Supplemental Applicant’s Handbook, incorporated by reference in subsection 62-41.302(1), F.A.C., (https://www.flrules.org/Gateway/reference.asp?No=Ref-13145) where notated:
(a) Section 2.1, relating to the demonstration of water need,
(b) Section 2.1.1.4, inclusive of all subsections, relating to Water Use Permits with alternative water supplies in the SWUCA or Dover/Plant City WUCA””;
(c) Section 2.2.4, regarding the loss of alternative water supplies;
(d) Sections 2.3.7, inclusive of all subsections and 2.4.8.4 inclusive of all subsections, relating to public supply use demand. For the purposes of implementing this Section, the Department hereby also incorporates by reference SWFWMD’s Applicant’s Handbook, Part D, effective date January 20, 2009, (https://www.flrules.org/Gateway/reference.asp?No=Ref-03840);
(e) Section 2.4.3.1.1 and 2.4.3.1.7, providing for the calculation of allocation. For the purposes of implementing this section, the Department hereby also incorporates by reference SWFWMD’s Agricultural Water Allotment Form, Form No. LEG-R.042.00, effective date May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-13082);
(f) Section 2.4.7.1.5, inclusive of all subsections, relating to golf course conservation requirements;
(g) Section 2.4.8.5, applicable to all wholesale public supply applicants located within the SWUCA;
(h) Section 3.9.2, inclusive of all subsections, providing regulatory requirements in the SWUCA;
(i) Section 3.9.4, inclusive of all subsections, providing regulatory requirements in the Dover/Plant City WUCA;
(j) Section 4.1.1, relating to water flow monitoring and calibration as applicable within the Dover/Plant City WUCA and SWUCA;
(k) Section 4.3.1, relating to groundwater level monitoring requirements within the SWUCA;
(l) Section 4.4.1, inclusive of all subsections; relating to irrigation crop reports within the SWUCA;
(m) Section 4.4.2, relating to irrigation pumpage compliance within the SWUCA; and
(n) Section 4.4.13, regarding reporting requirements for landscape/recreation irrigation water use within the SWUCA.
(5) Application forms promulgated by the SWFWMD to implement this strategy are hereby incorporated by reference as below. These forms shall be in addition to the application and forms otherwise provided as part of a consumptive use permit application.
(a) Within the SWUCA, an Applicant shall submit the forms required by subsection 40D-2.101(5), F.A.C., effective date May 19, 2014, adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12430).
(b) Within the Dover/Plant City WUCA, an Applicant shall submit the forms required by subsection 40D-2.101(6), F.A.C., effective date May 19, 2014, adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12431).
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.
(2) By inclusion, the Department ensures that these recovery strategies remain in effect in the areas currently covered by these strategies within the Southwest Florida Water Management District (SWFWMD). Nothing in this rule shall be interpreted to apply these recovery strategies to other areas within the CFWI Area.
(3) The Department hereby adopts and incorporates by reference herein the following provisions of Chapters 40D-2 and 40D-80, F.A.C., which shall apply to all applicants located within the SWUCA or Dover/Plant City WUCA, as applicable:
(a) Paragraph 40D-2.801(3)(b), F.A.C., effective May 19, 2014, including all subparts, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12432);
(b) Paragraph 40D-2.801(3)(c), F.A.C., effective May 19, 2014, including all subparts (https://www.flrules.org/Gateway/reference.asp?No=Ref-12438);
(c) Fl. Admin. Code R. 40D-80.074, effective May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12433), entitled “”Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area””;
(d) Fl. Admin. Code R. 40D-80.075, effective May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12434), entitled “”Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area””;
(e) Paragraph 40D-2.331(2)(b), F.A.C., effective September 29, 2015, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12435), relating to all requests to self-relocate or to increase withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level;
(f) Fl. Admin. Code R. 40D-2.621, effective date May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12436), relating to individual consumptive use permits for irrigation;
(4) The Department hereby adopts and incorporates by reference the following provisions of the Southwest Florida Water Management District’s Applicant’s Handbook, Part B, effective date February 18, 2020, (https://www.flrules.org/Gateway/reference.asp?No=Ref-11553), which shall apply to all applicants located within the SWUCA or Dover/Plant City WUCA, as applicable, and shall be used in addition to provisions of the Supplemental Applicant’s Handbook, incorporated by reference in subsection 62-41.302(1), F.A.C., (https://www.flrules.org/Gateway/reference.asp?No=Ref-13145) where notated:
(a) Section 2.1, relating to the demonstration of water need,
(b) Section 2.1.1.4, inclusive of all subsections, relating to Water Use Permits with alternative water supplies in the SWUCA or Dover/Plant City WUCA””;
(c) Section 2.2.4, regarding the loss of alternative water supplies;
(d) Sections 2.3.7, inclusive of all subsections and 2.4.8.4 inclusive of all subsections, relating to public supply use demand. For the purposes of implementing this Section, the Department hereby also incorporates by reference SWFWMD’s Applicant’s Handbook, Part D, effective date January 20, 2009, (https://www.flrules.org/Gateway/reference.asp?No=Ref-03840);
(e) Section 2.4.3.1.1 and 2.4.3.1.7, providing for the calculation of allocation. For the purposes of implementing this section, the Department hereby also incorporates by reference SWFWMD’s Agricultural Water Allotment Form, Form No. LEG-R.042.00, effective date May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-13082);
(f) Section 2.4.7.1.5, inclusive of all subsections, relating to golf course conservation requirements;
(g) Section 2.4.8.5, applicable to all wholesale public supply applicants located within the SWUCA;
(h) Section 3.9.2, inclusive of all subsections, providing regulatory requirements in the SWUCA;
(i) Section 3.9.4, inclusive of all subsections, providing regulatory requirements in the Dover/Plant City WUCA;
(j) Section 4.1.1, relating to water flow monitoring and calibration as applicable within the Dover/Plant City WUCA and SWUCA;
(k) Section 4.3.1, relating to groundwater level monitoring requirements within the SWUCA;
(l) Section 4.4.1, inclusive of all subsections; relating to irrigation crop reports within the SWUCA;
(m) Section 4.4.2, relating to irrigation pumpage compliance within the SWUCA; and
(n) Section 4.4.13, regarding reporting requirements for landscape/recreation irrigation water use within the SWUCA.
(5) Application forms promulgated by the SWFWMD to implement this strategy are hereby incorporated by reference as below. These forms shall be in addition to the application and forms otherwise provided as part of a consumptive use permit application.
(a) Within the SWUCA, an Applicant shall submit the forms required by subsection 40D-2.101(5), F.A.C., effective date May 19, 2014, adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12430).
(b) Within the Dover/Plant City WUCA, an Applicant shall submit the forms required by subsection 40D-2.101(6), F.A.C., effective date May 19, 2014, adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12431).
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.