40D-8.603 WATER MANAGEMENT DISTRICTS V. 14, p. 418
effective immediately upon: twenty (20) years shall be averaged. Minimum
1. Installation of a staff gage in a prominent rates of flow shall he established as seventy percent
location on the water body; (70%) of these values for the four (4) wettest months
2. Posting of notice to the public pursuant to and ninety percent (90%) of these values for the
Rule 40D-8.616; and, remaining eight (8) months. The determination
3. Publication of notice in a newspaper having shall be based on available data, or in the absence of
general circulation within the affected area. such data, it shall be established by reasonable
(b) The extreme low management level as calculations approved by the Board.
adjusted by the cyclic variation shall become (3) Unless otherwise deemed appropriate by the
effective when similar notice has been given. Board, the minimum level of the water table at a
(2) No management levels shall be prescribed given point shall be established by the Board and
for any reservoir or other artificial structure which shall be three feet (3' ) below the average of the five
is located entirely within lands owned, leased, or (5) lowest levels in each calendar year (provided no
otherwise controlled by the user, and which require two (2) levels shall be taken from the same calendar
water only for filling, replenishing, and month) for the preceding ten (10) years. The
maintaining of the water level thereof, provided determination shall be based on available data, or in
however: the absence of such data, it shall be established by
(a) That Chapter 40D-2 rules shall apply to the reasonable calculations approved by the Board.
use of water for such filling, replenishing, and (4) Unless otherwise deemed appropriate by the
maintaining of the water level, and, Board, a regulatory level for a confined aquifer at a
(b) That the minimum flood level pursuant to given point shall be established generally to limit the
Rules 40D-8.021 and 40D-8.611 and the flood rate of movement of water from the water table at
warning level pursuant to Rules 40D-8.021 and the boundary of the land owned, leased, or
40D-8.613 may be established for any lake or other otherwise controlled by an applicant for a
impoundment determined by the Board to be in the consumptive use permit or at the boundary of an
public interest, equivalent area based on the configuration of the
(3) No management levels shall be prescribed cone of depression caused by the proposed location
for Lake Manatee in Manatee County, Ward Lake and operation of the well or wells.
in Manatee County, the City of Tampa Reservoir (a) Such regulatory level shall be determined by
on the Hillsborough River in Hillsborough County, taking the minimum level of the water table plus
and the General Development Utilities Reservoir three feet (3'), or such other adjustment as deemed
constructed in connection with the Southwest appropriate by the Board, and subtracting the head
Florida Water Management District's Permit difference required to pass the water crop from the
Numbers 7500016, 74-172, and 75-290 in DeSoto water table to the confined aquifer. Such head
County. difference is the water crop divided by the leakance
Specific Authority 373.016, 373.023, 373.044, 373.103 coefficient of the confining bed. The water crop, in
FS. Law Implemented 120.53, 373.016, 373.023, the absence of data to the contrary, is 0.0229568
373.044, 373.103 FS. History-New 6-7-78, Amended gallons per day per square foot.
10-16-78, 1-22-79, Formerly 16J-8.03, Amended (b) The elevation of the potentiometric surface
3-23-8.at such point shall be measured cumulatively
40D-8.041 Minimum Rates of Flow and throughout the production year. At no time shall the
Levels. cumulative weekly average elevation be lower than
(1) In establishing minimum rates of flow and the regulatory level and at no time shall the weekly
levels and regulatory levels, the Board shall use the average elevations of the potentiometric surface of
best information and method available and will the Floridan Aquifer be more than five feet (5')
consider the protection of existing, as well as future below the regulatory level.
consumptive uses of water so as to promote the Specific Authority 373.044, 373.133, 373.149, 373.171
conservation, development and proper utilization of FS. Law Implemented 373.042, 373.339 FS. History-
water while preventing damage from floods, soil Readopted 10-5-74, Amendd 12-1-74, Formerly
erosion, and excessive drainage. When deemed .15, 40D-1.601, Amended 10-
appropriate, a schedule of rates of flow and levels 40D-8.603 Management Levels for Lakes
may be established to reflect seasonal or cyclic and Other Impoundments.
variations. The Board will also consider, and at its (1) In establishing minimum water levels,
discretion may provide for, the protection of minimum flood levels and other management levels
non-consumptive uses, including navigation, for lakes and other impoundments, the Board shall
recreation, and the preservation of natural use the best information available.
resources, fish, and wildlife. (2) Data from technical publications,
(2) Unless otherwise deemed appropriate by the topographic maps, Geological Survey Water Data
Board, the minimum rates of flow at a given point on Reports and other studies and records may be
a stream or other watercourse shall be established considered. Information may also be obtained from
by the Board for each month, January through aerial mapping, hydrographs, bottom contour
December. Minimum rates of flow shall be mapping, stage-duration curves, water quality
established as follows: For each month, the five (5) records, stratified beach deposits, precipitation data
lowest monthly mean discharges for the preceding and other sources.
V. 14, p. 389 CONSUMPTIVE USE 40D-2.361
issued only for the use of the lower quality water. public service corporation where such a period is
Specific Authority 373.044, 373.11.3, 373.149, 373.171 required to provide for the retirement of bonds for
FS. Law Implemented 373.219, 373.22.3, 373.229 FS. the construction of waterworks or waste disposal
History-Readopted 10-5-74, Amended 12-31-74, facilities.
2-6-78, 7-5-78, Formerly 161-2.11, 16J-2.111, Amended (6) Notwithstanding the provisions of
1-25-81.subsection (1), the Board, for good cause shown may
Library References: Drought in Florida. Nature's grant an initial permit for a period of time not to
response to"comprehensive"planning. RaymondA. Rea, exceed twenty (20) years, where such period is
57 Fla. Bar J. 266 (April, 1983). required to provide for the amortization of bonds or
ANNOTATIONS other indebtedness incurred in connection with long
Validity range capital expenditures.
Validity of proposed rule 40D-2.301(6) and (7) was (7) Each consumptive use permit in force on
upheld, where petitioner charged that Department had December 3, 1980, which will otherwise terminate
improperly defined term "public interest "'in vague, purely after December 3, 1980, and before December 4,
hydrological terms and that it had created an unlawful 1981, shall terminate instead on a date exactly one
presumption to determine grant or denial oftconsumptive a terminal on date t
use permit applications. Department simply provided year after such earlier termination date.
presumption to satisfy "public interest" criterion without Speciic Authority 373.044, 373.113, 373.149, 373.171,
necessity of further information, and criterion was 373.216, 373.249 FS. Law Implemented 373.236 FS.
described in more detail in other rules issued by History--Readopted 10-5-74, F mended 12-31-74,
Department. West Coast Regional Water Supply 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13.
Authority v. Southwest Florida Water Management 40D-2.331 Modification of Permits. A
District (DOAH 80-1004R), 4 1ALR 1858-A (1980).
(Case was decided prior to 1981 amendment.) permitted may seek modification of any of the terms
and conditions of an unexpired permit. Such
40D-2.311 Competing Applications. modification shall be sought by filing an application
(1) If two (2) or more applications for permits, in the same manner and under the same provisions
which otherwise comply with these rules and currently required for initial permit applications.
regulations and with any requests and instructions Specific Authority 373.044, 373.113, 373.149, 373.171,
by the Board are pending for a quantity of water 373.216, .37.249 FS. Law Implemented 373.239 FS.
that is inadequate for both or all, or which for any History-Readopted 10-5-74, Formerly 16J-2.14(1).
other reason are in conflict, the Board shall have the 40D-2.341 Revocation of Permits. The Board
right to approve or modify the applications in a may, at any time after notice and hearing, revoke a
/ manner which best serves the public interest as permit as follows:
determined by the Board. (1) For any material false statement in an
(2) In the event that two (2) or more competing application to continue, initiate, or modify a use, or
applications qualify equally under the provisions of for any material false statement of fact required of
subsection (1), the Board will give preference to a the user pursuant to the provisions of this chapter,
renewal application over an initial application. the Board may permanently or temporarily revoke
Specific Authority 373.044. 373.1.33, 37.3.149, 373.171, the user's permit, in whole or in part.
373.216, 373.249 FS. Law Implemented 373.223 FS. (2) For willful violation of the conditions of the
History--Rcadopeed 10-5-74, Formerly 16J-2.12.
d r permit, the Board may permanently or temporarily
40D-2.321 Duration of Permit. revoke the permit, in whole or in part.
(1) Unless otherwise provided herein, each (3) For violation of any provision of this chapter,
consumptive use p ermit shall terminate at such date the Board may revoke the permit, in whole or in
as may be determined by order of the Board as set part, for a period not to exceed one (1) year.
forth on the face of the permit. Except as provided in (4) The Board may revoke a permit,
subsection (5) below, no permit shall be granted for permanently and in whole, with the written consent
any period of time exceeding twenty (20) years. of the permitted.
(2) Any first renewal permit issued, whether Specific Authority 373.044, 373.133, 373.149, 373.171,
Expiration of twenty (20) year periods or for such History--Readopted 10-5-74, Formerly 16J-2.15.
lesser periods as may be determined by the Board 40,D-2.361 Renewal of Permits.
and set forth on the face of the permit. (1) Applications for renewal of permits issued
(3) Any subsequent renewal permits shall be for more than one (1) year may be made at any time
granted for twenty (20) year periods or for such during the last year of the term of an unexpired
lesser periods as may be determined by the Board permit and at such other times as the permitted can
and set forth on the face of the permit, show good cause for earlier consideration.
(4) Nothing herein shall preclude or otherwise (2)(a) Applications for renewal of permits for
stop the Board from terminating, revoking, or the use or withdrawal of water requiring an
temporarily suspending any permit as authorized in individual water use permit, must meet the
these rules or as provided on the face of the permit, requirements of this Chapter.
(5) Board may authorize a permit of duration of (b) Applications for renewal of permits for the
up to fifty (50) years in the case of a municipality or use or withdrawal of water which qualify for a
other governmental body or of a public works or general permit under the requirements of Chapter
.~__ ._ -_ l
S401)-2.301 WATER MANAGEMENT DISTRICTS V. 14, p. 388
applicant. (e) Future reductions in withdrawals or
S(3) The withdrawal of water: diversions, provided the schedule of any such
(a) From a stream or other watercourse must not reductions or withdrawals shall be set forth
reduce the rate of flow by more than five percent specifically on the face of the permit.
(5%) at the time and point of withdrawal. (8) The Board may reserve water from use by
(b) Must not cause the level of the permit in such locations and quantities, and for such
potentiometric surface under lands not owned, seasons of the year, as in its judgment may be
leased, or otherwise controlled by the applicant to be required for the protection of fish and wildlife or the
- f lowered more than five feet (5' ). public health and safety. Such reservations shall be
J(c) Must not cause the level of the water table subject to periodic review and revision in the light of
under lands not owned, leased, or otherwise changed conditions. However, all legal uses of water
controlled by the applicant to be lowered more than existing January 1, 1975, will be protected so long
three feet (3' ). as such use is not contrary to the public interest.
(d) Must not cause the level of the surface of (9) In considering applications for permits
water in any lake or other impoundment to be under this rule, the portion of water consumptively
lowered more than one foot (1' ) unless the lake or used will be determined based on available data, or
impoundment is wholly owned, leased, or otherwise in the absence of such data, it shall be established by
controlled by the applicant, reasonable calculations approved by the Board.
(e) Must not cause the potentiometric surface to (a) Permits for withdrawal of water from an
be lowered below sea level, area owned, leased, or otherwise controlled by an
(4) The Board for good cause shown may grant applicant to be used on such area to irrigate fruit
exceptions to the provisions of subsections (2), (3), trees, seed and plant beds, vegetables, other food
and (11) of this rule when after consideration of all crops, and forage crops, including pasturage, and to
data presented, including economic information, it irrigate nursery stock, including ornamental plants,
finds that it is consistent with the public interest, trees and shrubs, will be issued if there is no surface
0, (5) Among other factors to be considered by the runoff from the area from such irrigation. If surface
Board in determining whether a particular use is runoff occurs, the amount of the runoff shall be the
consistent with the public interest will be: the primary consideration in determining the amount of
maximum amount to be withdrawn during a single consumptive use.
week, during a typical growing (or irrigation) (b) Permits for water to be applied to plants,
season, during an extreme cold season, during a year trees and shrubs, and to nursery stock, including
of extreme drought and during the term of the ornamental plants, trees, and shrubs, and fish
proposed permit; the amount to be withdrawn in farming ponds, as a direct means of frost or freeze
relationship to amounts being withdrawn from protection during time when temperatures are
adjacent or nearby properties; the proximity of below or near freezing, will be issued even though
withdrawal points to location of points of such application may cause temporary surface
withdrawal by others; the total amounts presently runoff.
permitted from the entire basin, or other hydrologic (c) Permits for removing water from fish
unit; and the change in storage that such farming ponds periodically for the primary purpose
withdrawal and use will cause. of harvesting the fish or for treating, reconditioning,
(6) If the proposed consumptive use will average or restocking such ponds, and for filling or
Less than 1,000 gallons per acre per day, in the maintaining such ponds, will be issued without
/ absence of evidence to the contrary, the Board will considering such activity to be a consumptive use of
presume that the quantity of water proposed for water.
consumptive use is consistent with the public (d) Water removed during temporary
interest and the applicant will not be required to dewatering for construction of buildings or other
"submit further evidence on this point. If the foundations and roadways, or during installation of
proposed consumptive use is to average 1,000 utility pipelines, cables, culverts and catch basins,
gallons or more per acre per day, the applicant must will not be considered to be consumptively used. -
establish that the proposed use of water in such (10) Flow metering devices will not be required
quantity is consistent with the public interest, to be installed at applicant's expense when all the
(7) The Board may condition the granting of a water to be withdrawn will be used for irrigation or
permit so as to require: for frost or freeze protection. The Board may supply
(a) Notification of the date on which and install such devices for the purpose of testing
withdrawals are commenced with such notification and monitoring methods of applying water but the
to be postmarked no later than five (5) days after the cost of such activity shall be born by the District.
date of such commencement. (11) Before a consumptive use permit is issued,
(b) Installation of flow metering or other consideration will be given to the lowest quality
measuring devices, water which the applicant has the ability to use. If it
(c) Reports of withdrawals on forms to be is determined that the applicant can use lower
provided, which shall be submitted within the times quality water, that such water is available, and that
prescribed, the use of such water is consistent with subsection
(d) Installation of observation wells or other (1) of this rule, the consumptive use permit will be i
monitoring facilities and may establish regulatory
V. 14, p. 387 CONSUMPTIVEF USE 40D-2.301
S such withdrawal is for more than five million withdrawn from a well or combination of wells, all
gallons during a single day (5MGD), all such owners of property within the distances prescribed
owners of lands within 1,320 feet upstream and below as measured from the well or wells, or at the
within 2,640 feet downstream from such points option of the applicant, all owners of property
shall be included, contiguous with or within the distances prescribed
(c) If the permit applied for is to use water to be of the boundaries of applicant's property, shall be
Withdrawal Distance from property
amounts from well boundary
1. If the withdrawal during any single day is to
exceed 1,000,000 gallons but not more than 5,000,000
if the withdrawal is to exceed 100,000 gallons average
S per day on an annual basis but not more than 500,000
"gallons average 660 feet 100 feet
2. If the withdrawal during any single day is to
exceed 5,000,000 gallons but not more than 10,000,000
if the withdrawal is to exceed 500,000 gallons average
per day on an annual basis but not more than
1,000,000 gallons 1,320 feet 200 feet
3. If the withdrawal during any single day is to
exceed 10,000,000 gallons
if the withdrawal is to exceed 1,000,000 gallons
average per day on an annual basis 2,640 feet 400 feet
(3) The Board may require a supplemental 40D-2.201 Permit Processing Fee. A permit
listing of owners to encompass a larger area than processing fee shall be paid to the District at the time
specified in subsection (2). a permit application is filed in the amount
(4) The Board may require such additional prescribed in the schedule set forth in Rule
information as deemed necessary, which shall 40D-0.201.
become part of the application. Specific Authority 373.044, 373.113, 373.149, 373.171,
(5) Upon specific request of an applicant for a 373.216, 373.249 FS. Law Implemented 373.109,
permit as provided herein, the Board may waive or 373.223 FS History-Readopted 10-5-74, Formerly
modify the provisions of subsection (2) requiring a 16J-2 1
listing of owners and in lieu thereof, cause notices to 40D-2.301 Conditions for Issuance of
be posted in a manner prescribed in Rule Permits.
40D-2.121(4). (1) The intended consumptive use:
Specific Authority 373.044, 373.113, 373.149, 373.171, (a) Must be a reasonable, beneficial use.
373.216, 373.249 FS. Law Implemented 373.229 FS. (b) Must be consistent with the public interest.
History-MReadopted 10-5-74, Amended 10p24-76,i ir
History82, 2-14-82, FReadopted 10-5-74, Amended 10-24-76, (c) Will not interfere with any legal use of water
6-822-14-82Formerly16-2.06.existing at the time of the application.
40D-2.111 Notice of Application Form. (2) Issuance of a permit will be denied if the
Specific Authority 373.044, 373.113, 373.149, 373.171, withdrawal of water:
373.216, 373.249 FS. Law Implemented 373.116, (a) Will cause the rate of flow of a stream or
373.229 FS. History-Readopted 10-5-74, Amended other watercourse to be lowered below the
10-24-76, Formerly 16J-2.07, Repealed 10-1-84. regulatory level established by the Board.
40D-2.121 Notice and Hearing (b) Will cause the level of the potentiometric
Requirements. surface to be lowered below the regulatory level
Specific Authority 373.044, 373.113, 373.149, 373.171, established by the Board.
373.216, 373.249 FS. Law Implemented 373.116, (c) Will cause the level of the surface of water to
373.229 FS. History-Readopted 10-5-74, Amended be lowered below the minimum level established by
10-24-76, Formerly 16J-2.08, Amended 10-21-80, the Board.
6-30-81, Repealed 10-1-84. (d) Will significantly induce salt water
40D-2.131 Times for Receiving Objections encroachment.
and for Hearing. (e) Will cause the water table to be lowered so
Specific Authority 373.044, 373.113, 373.149, 373.171 that the lake stages or vegetation will be adversely
FS. Law Implemented 373.116, 373.229 FS. History- and significantly affected on lands other than those
Readopted 10-5-74, Formerly 16J-2.09, Amended owned, leased, or otherwise controlled by the
S 10-21-80, Repealed 10-1-84.