Title: Proposed Amendment No. 45 requiring SWFWMD to adopt rules
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 Material Information
Title: Proposed Amendment No. 45 requiring SWFWMD to adopt rules
Alternate Title: Proposed Amendment No. 45 requiring SWFWMD to adopt rules governing procedures to implement water policy and rules for obtaining permits in areas transferred to SWFWMD and for consumptive use of water. Adopted July 13, 1978. 2p.
Physical Description: 2p.
Language: English
Publication Date: July 13, 1978
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 2 ( RIDGE BASIN - Box 2, Folder No. 2 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050954
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





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3 PROPOSED AMENDMENT NO. 45 7-13-78
4

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
8
Water Management District, and to implement Chapter 120.53, Florida Statutes,
9
requiring Water Management Districts to adopt Rules governing procedures and
10
conditions for obtaining permits within the area transferred to the Southwest
11
Florida Water Management District.
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Part 2 Ccnsumptive Use of Water
13
16J-2.04 Permits Required
14
(1) New Uses.
15
(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
17 hereof.

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
29 pending.

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.
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1 7-13-78
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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.

(3) Exmptions.

(a) No permit shall be required for domestic consumption of water by
9
individual users but the Board shall presume, unless otherwise shown to the
10
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
12
by this provision.

(b) No permit shall be required for any holder of a permit or permit
14
agreement for consumptive use of water executed or issued prior to July 1, 1973
15
by the Board or by the Board of Southwest Florida Water Management District
16
(Regulatory) so long as such permit or permit agreement shall remain in full
17
force and effect, provided the holder of such permit or permit agreement shall
18
apply for and obtain a permanent permit tag bearing a use identification number,
19
which tag shall be displayed as prescribed in Rule 16J-2.05. Nothing herein
20
shall be construed to prevent the Board frcm modification or revocation thereof
21
as otherwise provided for. A well construction permit shall not be construed
22
to be a consumptive use permit.
23
(4) All uses of water, whether with or without a permit, are subject to
24
the provisions of Rule 16J-2.20.
25
(5) Increased Use.
26
(a) Increasing the quantity of water used will be considered to be a

new use.
28
29 (b) The amount of the new use will be the net difference between the

increased amount used and the amount formerly used.
30

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.

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