Title: Memo to SFWMD re permits
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00050973/00001
 Material Information
Title: Memo to SFWMD re permits
Alternate Title: Memo to SFWMD re permits as they are now part of SWFWMD for Highlands and Polk Counties dated June 23, 1978 together with copy of letter relative to Consumptive Use Permits, Public hearing to consider implementing rules on the subject, Rules, and maps. Ju
Physical Description: Book
Language: English
Publication Date: June 23, 1978
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 2 ( RIDGE BASIN - Box 2, Folder No. 2 ), Item 29
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050973
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

TO: Southwest Florida Water Management District

FROM: South Florida Water Management District Resource Control Department

DATE: June 23, 1978

ATTENTION: John Englert, Permit Administration

The following permits are enclosed as they are now part of your district.


28-00004-W Dressel Ranch, Inc.
28-00006-W Reynolds and Smith Groves
28-00007-W E. M. Walker
28-00014-W L. D. Smith, Jr.
28-00015-W Consolidated Circle H, Inc. v, o
28-00017-W Pa-Ma-Ca-Su Groves, Inc. /

28-00022-W Smoak Groves, Inc.
28-00032-W Sara Odom Jones
28-00035-W Smoak Groves
28-00041-W Smoak Groves
28-00047-W R. P. Dunty, Jr.
28-00053-W James T. Alderman
28-00054-W Mary Wysocki
28-00055-W R. P. Dunty, Jr.
28-00056-W Jerry D. Bell
28-00063-W H. H. Davis
28-00064-W Tyson Groves
28-00065-W Malcolm C. Watters, Jr.
28-00066-W Withers & Harshman
28-00067-W Withers & Harshman
28-00069-W Smoak Groves, Inc.
28-00070-W J. W. Daniels, D.C.Durrance & Sue D. Ross
28-00071-W Tauchen Triangle "T" Ranch, Inc.*
28-00072-W Marie A. Kilpatrick
28-00073-W R. P. Dunty
28-00074-W Wesley Prillwitz
28-00075-W Kahn Grove Service Co., Inc.
28-00076-W Smoak Groves, Inc.
28-00077-W E. N. Davis, Inc.
28-00079-W Lake Henry Groves, Inc.
28-00080-W R. P. Dunty, Jr.
28-00083-W George L. Simms
28-00084-W R. & M. Groves, Inc.
28-00086-W Westby Corp. *

28-00088-W Helen E. Ramar
28-00089-W Kahn Grove Service Co., Inc.
-- 28-00095-W Bear's Den Grove, Inc.
28-00098-W The Dasher Groves, Inc.
28-00099-W Emma Ruth Smoak
28-00100-W Emma Ruth Smoak, et al
28-00103-W Benjamin Hinton, Jr.
28-00110-W Chapman & Stephens
28-00114-W Alico, Incorporated

June 23, 1978


53-00002 Bon Aire Water & Dewer District
53-00004 Saddlebag Lake Owner's Association, Inc.
53-00005-W Darwin & Kathryn Carrell
53-00006-W Orange Co. of Florida, Inc.
53-00007-W The Coca Cola Company
53-00008-W Orange Co. of Florida, Inc.
53-00009-W Leppere Trusts
53-00010-W Mil Roc, Inc.
53-00013-W Harrington Groves
53-00015-W Dr. Walter E. Brewer*
53-00016-W Irving Rubin Grove, Inc.
53-00018-W C. Elton Crews, Inc.
53-00019-W S. J. Tilden
53-00021-W B. J. Lanier
53-00023-W Dudley Putnam
53-00025-W Alico, Inc.
53-00027-W Story Groves
*property located in both districts. Copy only sent.

Name Title



'" Southwest Florida

SWater Management District
4- ^ ... -5060 U.S. HIGHWAY 41, SOUTH BROOKSVILLE, FLORIDA 33512
1961 / PHONE (904) 796-7211

DERRILL McATEER, Chairman, Brooksville N. BROOKS JOHNS, Lakeland HELEN THOMPSON, St. Petersburg
THOMAS VAN DER VEER, Secretary, Yankeetown NICK PENDER, Tampa
S. C. BEXLEY, Treasurer, Land O'Lakes GEORGE RUPPEL, Clearwater Donald R. Feaster, Executive Director

July 20, 1978


The Florida Legislature passed a bill last session, taking effect July 1, 1978,
which transferred certain parts of Highlands and Polk Counties from the South
Florida Water Management District to the Southwest Florida Water Management
District. Maps of this area are attached. Pursuant to this legislative action,
your Consumptive Use Permit file has been transferred from the South Florida
Water Management District to our office for further handling.

This letter is to notify you of the transfer and that your consumptive use
presently authorized by a South Florida Water Management District permit is
now under the jurisdiction of the Southwest Florida Water Management District.

Because of the transfer, there are certain steps required by Taw that we must
take in order to implement Southwest's rules in your area. In order to answer
any questions you may have regarding your particular permit or about our Rules
in general, we have scheduled a workshop on August 15, 1978, at the Highlands
Agri -.Civic Center between 7:00 P.M. and 9:00 P.M.

On September 6, 1978, the Governing Board of the Southwest Florida Water
Management District will hold a Public Hearing to consider implementing the
Rules in the subject area. The Hearing will take place at 9:30 A.M. at District
Headquarters, 5060 U. S. Highway 41 South, Brooksville.

Under our Rules and Regulations, all consumptive users needing a permit will
have 2 years from the effective date of implementation of the Rules to file an
application with the District. This includes all persons holding current or
expiring Consumptive Use Permits granted by the South Florida Water Management

As a permitted of South Florida, whether your permit is current or expiring,
your use will be granted status as an "Existing" use as defined by our Rules,
which provides you with certain advantages over other applicants. As such,
you will be allowed to continue your use, provided that you have applied for
a permit within 2 years of the date the Rules are implemented and provided your
use is a "Reasonable-Beneficial Use and is allowable under the common law of
this State." After implementation, "New" uses of water cannot be commenced
until a Consumptive Use Permit has been granted.

Page 1 of 2

For your convenience, we have enclosed a sample of a Consumptive Use Permit
application and a copy of the District's Rules for consumptive use permitting.
We urge you to review this material and to attend our workshop. If you have
any questions concerning the August 15, 1978 workshop, the Hearing on
September 6, 1978, or if we can assist you in any other way, please feel
free to contact Mr. Rand Baldwin in Brooksville (904) 796-7211, or Mr. Ralph
Rickels in Bartow (813) 533-6972.

We look forward to meeting with you on August 15, 1978.

Very truly yours,

Acting Director
Regulatory Division


CC: Governing Board Members
Peace River Basin Board Members
D. R. Feaster, Executive Director
J. B. Butler, Director, Dept. of Planning & Regulation
E. D. Vergara, Director, Dept. of Inter Agency Coordination
L. M. Blain, Legal Counsel
R. Baldwin, Supervisor of Permits
R. Rickels, Supervisor of Permits

Page 2 of 2


H.llsboigh, Graee Swamp, Laff^a
Part 2 Consumptive Use of Water 24trr, C7ystal- mosassa E .vIe
16J-2.01 Purpose 5Pi Achacaae eiver, Peaca r ,
16J-2.03 Implementation Withlaccochasu ivr and PlaLlaa.
16J-2.04 Permits Required Analota River 3asins; and perQais are
16J-2.05 Identification Tags 'quird for the withdrawal of
16J-2.06 Content of Application water:
16J-2.07 Notice of Application Form (a) If tha withdrawal during "
16J-2.08 Publication and Distribut- any sagla day is to exced one
ion of Notice of Applic. i.1.on (1,000,000) gallons or if tha
16J-2.09 Times for Receiving Objec- average -annal daily withdrawal is to
tions and for Hearings WeAed one hundred thousand (100,000)
16J-2.10 Permit Processing Fee Vga3ll3 average per day on an annual
16J-2.11 Conditions for Consumptive bajIs.
Use Permit (b) If tha withdrawal is tso a
16J-2.111 Statement of Policy Relat- has (") isda iacar of sis
ing to Water Crop inches (6") or mr.
16J-2.112 Limitations Upon With- .. o faity has a -aI fui
drawals ma c ha on a llion (1,000,000)
16J-2.12 Competing Applications salaPaes r day.
16J-2.13 Duration of Permit (4) Zf the withd=aj is froa a
16J-2.14 Modification and Renewal mbinauion of wells or of other
of Permits fai4Uties or of both, havig a
16J-2.15 Revocation of Permits 4a ead capacity of maor = a oan
16J-2.16 Permit Classification Al (1,000,000) silUs per
16J-2.20 Declaration of Water dy.
Shortage (2) Such program shall also be
16J-2.21 Notice of Water Shortage IMplm i anmdisacaly and. shall
Form al cohma ag Angust 3, 1977,
16J-2.22 Publication of Notice of ithI the areas a eor= the
Water Shortage a48s and = withc xhee a oa
16J-2.23 Change, Suspension or 4ai-.
Restriction of Permits During Genml Anhori ty 373.044A373.113,
Water Shortage 373.149,373.171, 373.216,373.249,
16J-2.24 Emergency Due to Water S3. Lawr Iplmencted 373.219, 373.223,
_______ Shortage 373.224,373.226,1S. Hiscoy-leadopcad
1a3.1.1 Puw-m. The p.zrposef Pat 2 o 10-5-74 Amend^d 8-2-77.
taMu mel ad uruiaoaa i to impImuttt the
d.iarml wuter peilay ot dh Soeahwes Florida Waisr
? a 163-2.04 Pazias acquired.
,.... Ate..,l, 317.4. 373.I S7.U4,. 3w7.T (I) Q a*-
'Ian r ^r ^^te U n ras (a) A. coanmptive use peri:
-20b3 T1^'t ^medig^M' m isc be obtained froa the Board before
(1) A program for issuance of withdrawal of waear shall be
persLcs ainchar.?ng the conustptive cenTCe for quantities set forth in
use of vatcr was inplamened Rule 16J-2.03 hereof.
com.-- ni-, Jwa-usy 1, 1975 within
the Hillaborough River, Nor:Marest

(b) No permit shall be required for any holder
(b) Such pemait may be obCained of a permit or permit agrmnent for consumptive use
by submitting an application in of water eseuted or wsud prior to July 1, 1973 by
writing as provided in these ulaes. the Board or by the Board of Southwest Florida
(2) UaWater Management District (Regulatory) so long as
(2) E.t,--nt Uses*-. 02 permit or permit agreement shall remain in full
(a) All uses of watar exsting force and *tfect, provided the holder of such permit
within the area described in pxagraph Mor pmrit avrmeont sbsU appy for and obtain a
(1)~ofRule -203prortperumaent permit tag bring a usae idensuicason
(1) of nL 16J-203 rir to Janua, which tag shall be played as prescribed in
1, 1975 in the quantitiLes .se forth RuleI 16-2.05. Nothing herein shall be construed to
in Rule 16J-Z.03, which uses an= ot prSv the Board from modiieation or re aon
obythereof as othewise provided ror. A mwell
otherwise expted a ron by contrucia permit shaM not be construed to be a
these Rules or by the provisions of s mpw iptuse permit.
Chapar 373, Florida Statutes, hae (4) All uses at, whether wit or without
been considered to be existing uses I pet, a m ubt to. the provisios ofat Rul
and were allowed to be continuedd (5) cresed Use.
through December 31, 1976 without a (a) nlaressing the quantity of water used will
qOT0 p7i a enwaning }be considered to be ne w uwse.
( b) The amountt of the new use will be the net
January 1, 1977, sucb use may only df ce bewe h cred amount ued and
be continued if a coausimptve use the amount ormerly used.
permit has been obtained or if an AM %tWay 373.o443 33.113. xT3.14. 37r.x11.
37=360, T.49 F. Law mImemeed 373.21 373.2=.
application for a consumptive use aa.:a, a73a.=s rs. saw--sw.inpe o,7
permit has been made prior to A.4, -24-7.
January 1, 1977 and is still 1. I2.05! Idpeuticon Ta .
(1) WhMn a consunmpst um per=it is issued,
pending. I the Board will issue a permanent tag bearing a use
(b) All uses of water estig identifcation number, which tag shall be prominently
within the area described in paragraph displayed at the site of withdmwal by permanently
(2) of Rul s16J-.03 prior to Agusttag to th pump h ve, or
(2) of Rule 16J-nZ.03 p? : tO A=sI other withdawa facility. U the onsumptiv use
3, 1977 in the quantities set forth in permit covs several withdrawal facilities, such as a
Rule 16J-2.0, which uses are n ot other- wBAl field, a tag wiU be issued for each facility.
vise c m r eu t by these ^(2) Falluxe to display a permi ta is prUascribed
wise exempted regulatian by these shll constitat a violadat of these Rules and
Rules or by the provisions of Chapter may be pounds for sspensia or revocation of the
373,FLorida Statutes, will be cosi- prO. The permittee sh ll be allowed ten (10) days
dared to be ex:ist uses and will be aftm notice to obtain ia replacement tag. Upon fadure
ed to be -!-: .uaed wh iof the per*mite to display such tag within tea (10)
allowed to be continued t ro1g days, the Board my cause the replacement of such
August 2, 1979, or until such other ag and charge the permit one hundred dollars
time as may be prescribed by order (3100oo)forsuch serve.
SGen-Is Autheatry 33.044, 371 311 3.149. 373.171.
pursuant to the provisions of iu 373a.3". 3r7.2 rs. Law rIsemmtem 3s19. v37.2s
16J-2.20, without a consauptive use 3 =3a464 r34 aM H. S err-aLeset4oso4.
pearit, af:terwhich data such use may 16,T.2.e C ent of Applcation.
only be continued if an application (1) Permit appLcatoa shell be swra to and
for a consumpiCve use pez t has dated by the applian or his duly authorized agent
b*p.e1i...anssdlh pe all be flied wita the Boani on forms provided
(C) Peta3ts for *sUC continued (a) The same ad addrem of the applicant and
use shall be issued by the Soard for of the owner or oweam, i other than applicant.
initial periods as provided in Rale (b) The malaum amount of water to be
withdrsw pe year and during aay single day and the
16J-2.13 and will be issued by the minimum amount to be consumptiveiy ud per
Board if the existing use is a year and during naysingle day.
reasonabl-AbenfiCial use and is (c) The sores of the watr supply (if the
allowable under the con la of thiS ter i om lake impeuadent, srs am or
State. urce by the people in the vicinity. If the water is
"from a aq uifer, this fact shall be stated on the
(3) E (a) No pemit shall be required for domestic (d) The use to be made of the water anad any
consumption of water by individual users bu the limitations thereon. (Applicant sha describe the
Board sha presume, unless otherwise shown to the nature of the proposed use, the method of
contrary, that any use of water esceediag the withdnwal or diversion of the water, including the
quantities set forth in Rule 1642.03 is not UmiceMd to estimated size of drop or intake pipe, the size pump,
such domestic consumption and is thereby not and thesize motor.)
exempt by this provision.

(e) The place and are where the water is to be 2. IU the withdrawal
used. (If for irrigation, describe the acreage to be during any single day is to
irritated, the method of irrigaion to be employed, exceed 5,000,000 Palons
and the crops to be irriZated.) but not more than
(f) The location of the point of withdrawal or 10,000,000 9falou=
diverion, 0o
(g) An accurate leI description of the land if the withdrawal is to
owned, leased, or otherwise controlled by the exceed 500,000 pa4cna
applicant together with an accurate surny or sketch aerame per day on an-
to sale showing the boundaries of such property and annual basis bt not m=ae
th location of the point of withdrawal or diverionm than 1,000,000 allona.. .1,320 feet 200 fet
Also show the locatdom and desriptioa of any other 3. It the withdS
exist wells or othe withdrawal or dTionary .ur nsy s e day is to
facities on the property. eae 10,000,000 gaOon
(2) An Aldavit of Ownership setting forth the or
nmes and mailing addresses of all owners of rea It the withdwal is to
property, as taken from the latest tax rls, together e d 1,000,000 gallons
with the nRaes and address of any new owners not awea"i per day on an
yet acedd upon the tax rols but of which applicant an i ba .4.. 2,840 feet 400 fee
has actual knowledge, whose property is located
within the distances precribed beiow, shl be (3) The Board my require a supplemental
assached to and becom a ;at of the pw=mit Affldatoa wnershipto encompasa lars area than
application: p subsection (2).
(a) I the permit applied for is to use water to (4) The Board may require such additional
be withdrawn from a lake or other impoundment, as faomation as deemed necmary which sha become
defined in Rule 16J-0.02, having a water surface of acs of the applicasion ..
80 acres or les, all riparian owners of lands adjoining (5) Upon specific request of an
such lake or other impoundment shall be included. I applicant for a perait as provided
sueh water surface is in exa of SO acre, aol riparn haa ha Board may raiva or odf
owns along the shoreline, extnding for 660 feet in h t noarf sau varve or o..7
aeh direcTon from the points where the lateral t pro sionsa subparagraph (2)
boundaries of applicants property intersect the requiring an Affidavit of Owmership
shoreline, shall be included. and I= IIau thereof, ca we noticas
(b) IU the permit aplpUed for is to use water to
be withdrawn from a strumor other ateru as to be posted the maner prescribed
dafned in Rule 16J-0.02, and the withdrawal is (or in 2=ae l6J-Q2.08(4).
not more than Ave million gallons during a single day Genms Autbent 37&044, 37311., 373.149. Ar3
(5 MGD), alL riparian owners of lands within 660 fees 3?3. X 373.4Us rs. L.w ~inema a.s rs.
upstream and within 1,320 feet downasm roMa the Cod n-,inO_ &o14. 4.--- .-
points where the ezCreme lateral boundaries of 16J-2.07 Noatca of Applcation
applicant's property intsarsect with the shoreline, shall 0o=
be included; if such withdrawal is for more than fie .Upon recet of the co letad
million aUons during a single day (5MGD). all such a
owes of lands within 1,320 feet upatram and p; pc :L applicato n the Board will
within 2,840 feet downsream tfram such paincs shal j prepare a Notice of Applicatlon which
be i tpdfldedI shall be in substantially the follow
(c) I1the permit appHed for is to use wfter to
be withdrawn from a wed or acmbinaion of wLs. all i fol 0
owners of property within the distance prescribed Notice of Applcation
below as measured from the wel or wells, or, as the of A Consup tve Use
option of applicant, a owns of property n o n
contiguous with or within the distances presnhed of
the boundaries of applicants poperey, shall be _____ _ComU't

h-La ozn fSouthwest florida Wataer Mana.ent
zirti.i. .. fn.T pasa ass :ar Disca'cs has received an Applicaion
X. Irthe withdrawal dutln for a conustptive usa permit from
any single day is to exceed (Applicant) (Applicant's
1,000,000 allows bet SOt Add4sa) for the consmpetve
moe thsa 5,000,000 galleas
or use of water of not mare than
if the withdrawal is to ga*lo0as of watar per day on an average
exceed 100,000 galas am l basia 7Wr nd ~tO more than
sngs gallons day o anof wter during
thea 500,000 P11ona any single day to be withdrawn from
avera.............. 660 feet Oo fet (Sousce) locacated at
S(Precise Location) in
(Mn.ic.pality, I. any, and CouncTy)
as (a new use/an existing use)
for purposes.

Objections may be filed with Southwest average per day on an annual basis
Florida Water Management District on the Board shall cause not fewer
US 41, seven (7) miles south of than two (2) such notices to be
Brookaville, Florida, 5060 U.S. 41 posted not later than the first date
South, 3rooksvilla, Florida 33512 and of publIcation of the Notica of
=st be received by the Board not later Application. Noticess to be posted
than _____. shall be in substantially the follow-
A Hearing will be held at (Place) for: --
on (Date) at bOTbCe
(Tine) before (Board or ear.- Application has been made to
ing Officer) to consider the application. the Southwest Florida Water
The application is on file at the District ManagwmeAt District for a
Office =adava4lable for inspection. ...U tVC Use Peit to
Alter-ate No. 1 Applicatio fo ess withdr-w water at or nesa
than ona hundred thousand (100,000) thi a location and is on
allows per day may be considered to- e at the Distct Office.
gether with objections filed therto Any objections s be received
without holding a hearing.not later than ..... ..
Alternate No. 2 Applications for one oard of Gveno-
hundred thousand (100,000) gallons per Boart t FlGovernorida ater
day or more may be approved, after Southwest Florida atr
proper investigation by the District 506aagent D41istrict
staff, without a hearing if no be- 506r U.S. 41 Sourth
tions are filed to said application; 3rooksville, Florida. 33.125 .
but whenobjections are filed to an a.GsMrU.,b 7t. ftV&0MILLem m7 7.43.U .
application a hearing will be held at "s. ""w..-. a&. 4.
(Time) on (Date) 1632.09 'TImes for Racaivwing Objections an
before a Hearing Officer at (Place) fAr 'eai. The d4dine for r Sem objections to
or ia y the appaation shall be a day not sooner than
T (14) days after the data of ft publicatio
g5 Am33.U9 FS.0Law 3A .i of the Notice of Application eqired in 3eI
s.2a s7A3 d3 3 .I -w3 16J-2.08; the date of hearing shael be a day not
saooaer than sev (7) days ater such deadline.
1-2.8 lblan ,T Im Ath 31v3.044. 31a.113. 33i14. 3.13.1.T.
1t 6 0a nld Dicabibdsoaa t of 373a.2. 3131.49 rs. Law l[menm atmse 373.11, 3T3.12
otie ofAppiicatioa. |. l es-vr aMeOep 1006074.
(1) The Board hl cause the otid A p
Appication to be pubhliied once a eek for two (2) m182 fear sl be aoid to the Dtnct at the rime
consent weeks in a newspaper having g*n p a pmit acaon is filed in the amDistric tbetim
erclation within the affected areas. A perit appiueation st orh in taue -.ont r. bed
(2) The Board shal case copies of the Notice a teas 3e.011W forth 3R3e. -0.14, 73. .
of Applicadon to be mailed to all oww o:f .v 3 A Tr7=.y 373.044. 3L .2 s,4 73.149. 373.1
ptp1rtiy set forth in the Affidav.it o Ownea p s.F Nf- *I.t .Vo-.
required a Rae 164-.06(2). Suac ntication rsha C t fr a Compve Us
be sent by rti ed ni retur trips .d o Coueste C
ped not later thn the ftir date ofpublication. p
(3) The Boerd shae cause pe oE such NOtCTe () < Me e a r ouespab, cs:
of Application to be mailed to peaes who mhave led (a) Mot be a ruwoale, beneticial t re.
written request within the immediately pmedin six ( Mot be cinterfet with tha public intereo
(6) math for neatfcamioa of any pending (e) Will not it rwe with at y Iap lc i oxf
applicasions afrfesing the particular deigxated area. (2ar exilt at o t ime of th b appeUicaio.
Such notxificatioa sheal be seat byrwurmai pad (2) regmu of a pemeit will be deaied if the
not later than the ast date of pbHcion. p. withi nof watr.
(4) The Board ay cause (a) Wicau therateato flowof a trwasmor other
notices to be posted prominent S se dow he ni a o(low
locations at or near tie locations "(b) Will cae the lewl of the potentiometric
of withdrawal, and it'.the withdrawal surface to be lowered below the pregulatory level
tinia any single day is to .ceed etabished by the Board.
teonaillion (10,000,000) gallons

(c) Will cause the leel of the surface of water (8) In considering applications for permits
to be lowered beow the minimum lei esaoished underthis Rule, te portion of water consumptively
bye lowered beow the Boardminimm e d wfbe demned based available data, or in
by the Board. ign any induce sa watrthe absence of such dasa, it shall be established by
(d) Will sianificantly induce sail water r S du ik th bossel
encroachment. rmeaab ie calculations aoorowed by the Board.
(e) Will cause the water table to be lowered so (a) Pwmits for withdrawal of water from an
that the lake states or vegetation il be adversely are owned, lose, or otherwise controed by an
and significantly aifected on lands other than those apputto be used on suchres to irrigate fruit
owned, leased, or otherwise controled by the tr seed a od plan b aLL.bles. o ad tood
apdicaat. czopas, and frate crops, inciudint puauage, and to
(3) Issuae of a permit will be denied if the t uig mery7 stoek, inciLding ornamental pitats,
amount of water consumptivey used will exed the tee and shrubs, will be isaud if there is no surface
water crop of lands owned, leased, or otherwn runoff from the area from such irration. If surface
controlled by the applicant. (Except where rnaf occurs, the amount of the runoff shall be the
determined otherwise, the water crop (precipitation r y nsidatio i determining the amount of
less mapotrnaspiration] throughout the District wil caosmptiu usa.
be assumed to be three hundred sive thousand (b) Permits for water to be applied to pleats,
(365,000) allons per year per are.) t~ sa shrubs, and to a Mryr stock, including
(4) The withdawal of water: oram ta piant, s and shrubs, and fish fLming
(a) From a sream or other watercourse must ponds, as a direct means of frost or rwez protacno
not reduce the rate of flow by more than five prcet dui tme when tmperature are below or near
(5%) at the timq and point of withdrawaL a will be issued e thouh such applctio
(b) Must not cause the level of the My cause temporary surface ranoff.
potentiometric surface under lands not owned, (c) Permits for removing water from fsh
leased, or otherwise controlled by the applicant to be arming ponds periodically for the primary purpose
lowered more than five fe (5'). of harveasi the fish or for easinp g reconditioning
(c) Must not cause the level of the water table or stoei such ponds, sad for filli or
under lands not owned, leased, or othewise maintaining such ponds, will be issued without
controlled by the applicant co be lowered more than onidern such activty to be a consumpTive use of
thee feet (3'). *.*
(d) Must not camu the levi of the surface of (4) Water removed during temporary
wate in any lake or other ipoundf to be .dawen for construcon of building or other
lowwed more than one foot (1') unlem the lake or fout atiope and roadways, or during installation of
impoundment is wholly owned, leased, or otherwise oc be csd ed to be cnasumapcivey asid.
controlled by the appicant. *anot be considered to be consumpsiTeiy used. *
controlled by the applicant. "Flow metarin; ievica will not berequi
b (e) Muss not cause the potendometric surface (9) Flbw msedat n dpicss exe ne whe required
-to be lowered below sea leave. to be insad a applicant's ez-ese when aL the
(5) The Board for good water to be withdraw will be used for irriation or
(5) The Board for good for frost or protection. The Soard may supply
cause shown may grant excep- and install such-device for the purpose of tossing and
tions to the provisions of manitring methods of applying water bu the cos o
such activity shal be berne by the Distric.
paragraphs (2), (3), (4), (10) Before a consump-
and (10) of this rule when tive use permit is issued,
after consideration of all consideration will be given
data presented, including to the lowest quality water
economic information, it which the applicant has the
finds that it is consistent ability to use. If it is
with the public interest. determined that the appli-
(6)-The Board may condition the ieh-igt of a
pemit so as to require: cant can use lower quality
*(a) Notlai on of the date on which water, that such water is
withdrawal are commenced with such notification to
be postmarked no later than fW (5) days aer the available, and that the use
date of such commencement. of such water is consistent
(b) Tlstalaston of fl ow m~etg orot with paragraph (1) of this
(c)tports of withdrawals on faormsa to be rule, the consumptive use
provided which shaal be submitted witi the m permit will be issued only
(4) lallatonof o bservation wes or other for use of the lower quality
maitoming Iacities and may stahblah reslaatry water.
(e) Futae redasctoas in withdrawals or General Authority: 373.044,
dheson, provided the schedult of aay such 373.113, 373.149,
reductions or wihdrawais sha be se forth 373.171, F.S.
specifically on the face oC the permit.
(7) The Board may merie water fromaeby Laws Implemented: 373.219,
permit in such locases and quantities, and for such 373.223, F.S.
sens of the year. as in its judgment may be History: Readopted 10-5-74
required for the protection of fish and wildlife or theiso : t -
public health and safety. Such resermasions shaU be Amended 6-6-78.
subject to periodic review ad revisio in thej light of
changed conditions. However, hal leal uses of water
exssiaq January 1, 1975,'will be protected so long as
such use ia not contrary to the public interest.

surface of a lake or other
2 impoundment is at or below
16J-2.111 Statement of the applicable minimum water
Policy Relating to level established and posted
Water Crop for such impoundment pur-
(1) The assumed size suant to Part 8 of this
of the water crop throughout Chapter, no further surface
the District specified in water withdrawal or other
Rule 16J-2.11(3) is based diversion shall be made from
upon the best data available. that impoundment until the
The actual water crop for a actual level of the water's
specific area may be signif- surface rises above the ap-
icantly larger or smaller plicable minimum water level
than the assumed amount, posted.
(2) The actual amount (c) Ground water with-
of the water crop for a drawals. Notwithstanding the
particular area depends upon provisions of any consumptive
rainfall and evapotranspira- use permit heretofore issued,
tion rates, which vary from whenever the actual level of
area to area within the Dis- the water surface of a lake
trict, or other impoundment is at or
(3) Permit applicants below the applicable minimum
should not deem themselves water level established and
entitled as of right to con- posted for such impoundment
sumptively use up to 365,000 pursuant to Part 8 of this
gallons per year per acre of Chapter, and it has been dem-
land. onstrated that withdrawals
General Authority: 373.044, from nearby wells create a
373.113, 373,149, significant impact upon sur-
373.171, F.S. face water levels of said
Laws Implemented: 373.219, lake or other impoundment,
373.223, 373.229, F.S. then withdrawals from such
History: New Adopted wells may be limited by the
1-4-78. Board so as to minimize such
16J-2.112 Limitations Upon (2) The Board may grant
Withdrawals specific exceptions to para-
(1)(a) Augmentation. graph (1) above if, after
Notwithstanding the provi- consideration of all data
sions of any consumptive use presented, including econom-
permit heretofore issued, ic information, the Board
whenever the actual level of determines that no signifi-
the water surface of a lake cant permanent harm to the
or other impoundment is water resources of the area
above the applicable minimum would occur.
water level established and (3) The limitations set
posted for such impoundment forth in paragraph (1) above
pursuant to Part 8 of this apply only to withdrawals of
Chapter, no further ground water and consumptive uses
water withdrawal shall be for which permits, under
made for the purpose of aug- this Part, are required.
meeting that impoundment. General Authority: 373.044,
(b) Surface water 373.149, 373.171, F.S.
withdrawals. Notwithstanding Laws Implemented: 373.339,F.S.
the provisions of any con- History: New. Adopted
sumptive use permit hereto- May 2, 1978
fore issued, whenever the
actual level of the water

18-42.12 Competing Applications. *-- 163.2.21 Remsti of PAnns The Board
(1) If two (2) or more applications for per mts, y at any tim after notice and hMrin, revoke a
which otherwis comply with these rules and permit as follows:
Regulations and with any request and instructions by (1) For any mateil falt statement in a
the Board ae pending for a quantity of water that is applition to continue, iitdate, or modify a use or
inadequate for both or ll, or which for any othe for say material fale stateimm of fact required of
reason arin onflict, the Board shall have th right the uer purnant to the pro sinoa of thi chapter,
to approve or modify the applications in a manner th Board my permanentlyy or tmnporMry s vek
which bet serves the public interest as determined by the as peroit, in waole or in per.
the Board. (2) For willful violation of the conditions of
(2) In the evet that two (2) or mort the peit, thi Board my permanenly or
competing applications quality equally under the tmporaiy zoke the permit, in whole or in puare
provisions of subection (1), the Board will gi (3) For violation of any prison of thi
preferwace to a renewal application ovr ao initial chapter, the Boad may remake th pernit, in whle
application, or i part fr a period not to ased one (13 yer.
G3Mni- A"tWAty 31 0 '4,. 3v = Je.14e. St3=,1 ".
37esI 373.2s9 MtV Law 4. mlM 733, 's. (r4) The Boasd any reomke a permit,
3s3s e. 3la .r. ii t5 iw l pwmanntly and in whoe, with the written consea
163.2.13 Dation of Permit. of thea g stt
(1) Unlem otherwise provided heMin, acheit Aut.ASWt 3S3.04 373313. 1= X*149. 37-.1T1
consumptiUsPmie oit isd pr to the exVtirtion M -tt3 .43 o.A
of f (5) yeas =from the date of implementaion 1 2.1 Pemit Calahiaffto. For the purpose
sot forth in R l 163.2.03, shar taminate upon the der on a water shosage plan, mech permit sha
piration of six (6) years ram ach date of b amld crda t source and use.
implmnmnatioa or at such earlier dat as may be (1) Each prsit sha be give one (1)or nwmo
dMaminaed by the Board and set forth on the face of of t oltowht ,idairioes as to source:
the permit. ComuausmpsiT Pfmits ued after (a) Aquitfs
cpiratiae of fw, (5) yrus rea such date of () Slram othr watercous .
Saplemntation shall terminate upon the airtion () or other impoundmenas
of twenty (20) yeas erna date of issuaae or at such (2) Each permit sha, in addition to a source
riter date as may be determined by the Board. clasiftia a, b given one (1) or more of the
(2) Any rat renewal peait issud, whether fouwing classiicatins as to use:
otherwise mdifed or not, sha terminate upon the (a) Attractions Application of water to goli
expiration of twenty (20) year periods or for such co cmeteris, park and public attractions.
Ia e periods as may be determined by the Board ad (b) Domtn Doameiti use includes use for
set forth a the face of th permit. individual persona needs or f fohousehoid purposes
(3) Any auhMbsqu renewal permits shal be such as drinking; bathin heAatin cooking, or
aated for twenty (20) yer periods or for such it
lMm periods as may be dtermind by thBoa d () Essei sri ESMtati srie us
st forth on the face of the permit. ad se E by r*e departments, hosalptrs, or other
(4) Nothing hernia shall precde or otherwise Imncsmre seia
t9p the Boasd from terminting, rokin( or () ndastriaL 4 dscrial use includes those
temporarily spending any permit as t d In y us wherein tht water seres the purposes of
thaE Rues or as provided oa the fe of the permi.. raturin., eommare, made or indusay.
5 (S)Beaid may autharise a perrt of duratIon (e) rrisation Applcaton of water to fruit
of up to fifty (50) yars in the cam of a m.iip. lc' tz rop, r ps&ue, ad nurmry stock.
or other Drammntal body or of a pubi works or (f) LtMa s Appicari a of water to lawns ad
p~a e service norprions w Sh such a period is shrub
required to prde io thf retirement of bonds or () Ueateok and other animasb-t- wck aad
the constirucnio of waserwoks or wase dspoea aser aimas use includes uses for domestic and
facitles. commeremi itock ansd oAhr saials imncl ding fI s
(8) NotwithstgIdlG the preroiions of Sadenoa farmist-
1, the Board, for good aouse shown may pMns a (h) MUi dining iBncudes w here
Ii4l perm s r a d o o the water is applied f th e sac tioa,
twenty (20) yeans, where sh a period is required to or dof m ra
pavida tfor the amortiaon of bonds o orthr (1) Parhablre food prn r o -mi Paishal
i-dedua incOd i- a -fo ron wtn long nue see pe^e^,1^ a includes industrial uses involving
Amiel E pe3ndtar 3.. 37 .the oemsiii if prisaiib le fodbi
3. 1 4aa5 er 3a.Lwa atnern. am.14 a.-. (3) Powr Power us includes u for theo
a.21s. 373.243 ]. 5.* ta..-mu mit a s as .l
p-adution of lccatrc power..
(h) -eerrs1tona .I -creautional u In fudaes
Z162.1Z4 todi-ei-S and RAeswal of Prmita. mu for wm er.oritd reemction, including but not
(1) A pemittee may seek modifntinon of say lmited to, ruhig, boasla. aad swimming.
of the tnmaI and condition caa unepired permit.
Such modilficaton shbl b s by il an (3) h atig of th a"rinnlct-n ahove does
appiLesion, in the a mann r and ~ ader t same nt ahsh any priority rmkin hbetn cla r s.
appltcazton. 3 Ts 373445 173. Z.a tmr,, 4 313.?.44 73.
Sas -- J- --.- 10.--V4, A nm end- 1 *- -*'4.t
(2) Applitcations for renewal of permits iamed
for mor than one (1) year may be made at any time ; 16..20 Deazation of Water Sho.tae.
drat the last y3ar of the tarm of aa (m1pir() .('he Boad by order aay daecf that a
permit aad at such other times atche paeritte oa water shortage eists wihian all or part of the District
show ood case for rier consideas.in* when lisnicis water is available to meet the nnds
Let Astrsawta 37.044. 37313". 373149. 3"73.1, of the use a1 or when conditions are such as to require
3.-_4 .a. Iari-, 1 3. .. tasmporary reduction in total use within the area to
-.. .. .. p. .rot water resources from serious barm.


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