3 PROPOSED AMENDMENT NO. 45 7-13-78
5 SUMMARY OF RULE: The purpose of This Rule is to implement Chapter 373, Florida
6 Statutes, which provides for the Governing Board of the District to adopt Rules
and Regulations to implement the declared water policy of the Southwest Florida
Water Management District, and to implement Chapter 120.53, Florida Statutes,
requiring Water Management Districts to adopt Rules governing procedures and
conditions for obtaining permits within the area transferred to the Southwest
Florida Water Management District.
Part 2 Ccnsumptive Use of Water
16J-2.04 Permits Required
(1) New Uses.
(a) A consumptive use permit must be obtained from the Board before
16 withdrawal of water shall be ccmmenced for quantities set forth in Rule 16J-2.03
18 (b) Such permit may be obtained by submitting an application in writing
19 as provided in these Rules.
20 (2) Existing Uses.
21 (a) All uses of water existing within the area described in Paragraph (1)
22 of Rule 16J-2.03 prior to January i, 1975 in the quantities set forth in Rule
23 16J-2.03, which uses are not otherwise exempted frcm regulation by these Rules or
24 by the provisions of Chapter 373, Florida Statutes, have been considered to be
25 existing uses and were allowed to be continued through December 31, 1976 without
26 a consumptive use permit. Ccnancing January 1, 1977, such use may only be
27 continued if a consumptive use permit has been obtained or if an application for
28 a oonsurmptive use permit has been made prior to January 1, 1977 and is still
30 (c) All uses of water existing within the area described in Paragraph (3)
31 of Rule 16J-2.03 prior to September 6, 1978 in the quantities set forth in
32 Rule 16J-2.03 which uses are not otherwise exempted from regulation by these
33 or by the provisions of Chapter 373, Florida Statutes, will be considered to be
34 existing uses and will be allowed to be continued through September 5, 1980 or
35 until such other time as may be prescribed by order pursuant to the provisions of
36 Rule 16J-2.20, without a consurptive use permit, after which date such use
37 may only be continued if an application for a consumptive use permit has been
38 made and is still pending.
3(d) Permits for such continued use shall be issued by the Board for
initial periods as provided in Rule 16J-2.13 and will be issued by the Board
5 if the existing use is a reasonable-beneficial use and is allowable under the
cannon law of this State.
(a) No permit shall be required for domestic consumption of water by
individual users but the Board shall presume, unless otherwise shown to the
contrary, that any use of water exceeding the quantities set forth in Rule
16J-2.03 is not limited to such domestic consumption and is thereby not exempt
by this provision.
(b) No permit shall be required for any holder of a permit or permit
agreement for consumptive use of water executed or issued prior to July 1, 1973
by the Board or by the Board of Southwest Florida Water Management District
(Regulatory) so long as such permit or permit agreement shall remain in full
force and effect, provided the holder of such permit or permit agreement shall
apply for and obtain a permanent permit tag bearing a use identification number,
which tag shall be displayed as prescribed in Rule 16J-2.05. Nothing herein
shall be construed to prevent the Board frcm modification or revocation thereof
as otherwise provided for. A well construction permit shall not be construed
to be a consumptive use permit.
(4) All uses of water, whether with or without a permit, are subject to
the provisions of Rule 16J-2.20.
(5) Increased Use.
(a) Increasing the quantity of water used will be considered to be a
29 (b) The amount of the new use will be the net difference between the
increased amount used and the amount formerly used.
31 GENERAL AUTHYRITY: 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S.
32 LAWS ILIMENTED: 373.219, 373.223, 373.224, 373.226, F.S. and 76-243,
33 Laws of Florida
34 JUSTIFICATICN CF RULE: This rule is necessary in order to follow the statutory
35 provision of providing a time period from date of implementation of consumptive
36 use permitting in the annexed area for existing users to apply for an existing
37 use of water.