Title: Conditions for a Consumptive Use Permit
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052824/00001
 Material Information
Title: Conditions for a Consumptive Use Permit
Alternate Title: Florida Administrative Code Chapter 16J-2.11 Conditions for a Consumptive Use Permit changed to 40D-2.301. Conditions for Issuance of Permits, and subsections changed from 1,2,3 to a,b,c., with handwritten notes
Physical Description: 3p.
Language: English
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 90
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052824
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


16J-2.07 Notice of Application Form. withdrawal and if the withdrawal during any single
Upon receipt of the completed permit day is to exceed ten million (10,000,000) gallons
application, the Board will prepare a Notice of average per day on an annual basis, the Board shall
Application which shall be in substantially the cause not fewer than two (2) such notices to be
following form: posted not later than the first date of publication of
Notice of Application for a the Notice of Application. Notices to be posted shall
Consumptive Use Permit for Water be in substantially the following form:
in County Application has been made to the Southwest
Southwest Florida Water Management District has Florida Water Management District for a
received an Application for a Consumptive Use consumptive use permit to withdraw water at
Permit from (Applicant) (Applicant's Address) or near this location and is on file at the
/" ____District office. Any objections must be received
for the consumptive use of water of not more than not later than
gallons of water per day on an average Board of Governors
annual basis and not more than gallons Southwest Florida Water
of water during any single day to be withdrawn Management District
from (Source) located at 5060 U.S. Highway 41 South
(Precise Location) in (Municipality, if any, and Brooksville, Florida 33512
County) as (A new use/an existing use) for Specific Authority 373044 373.113, 373.149, 373.171
373.216, 373.249 FS. Law Implemented 373.116, 373.229
purposes. FS. History--Readopted 10-5-74, Amended 10-24-76.
Objections may be filed with Southwest Florida 16J-2.09 Times for Receiving Objections and
Water Management District on U.S. 41, seven (7) for Hearing. The deadline for receiving objections to
miles south of Brooksville, Florida, 5060 U.S. 41 the application shall be a day not sooner than
South, Brooksville, Florida 33512, and must be fourteen (14) days after the date of first publication
received by the Board not later than of the Notice of Application required in Rule
A hearing will be held at (Time) on (Date) 16J-2.08; the date of hearing shall be a day not
at before (Board or hearing sooner than seven (7) days after such deadline.
Officer to consider the application The Specific Authority 373.044, 373.113, 373.149, 373.171,
Officer) to consider the application. The 373.216, 373.249 FS. Law Implemented 373.116, 373.229
application is on file at the District office and FS. History-Readopted 10-5-74.
available for inspection.
Alternate no. 1 Applications for less than one 16J-2.10 Permit Processing Fee. A permit
I hundred thousand (100,000) gallons per day may be processing fee shall be paid to the District at the time
considered together with objections filed thereto a permit application is filed in the amount prescribed
without holding a hearing. in the schedule set forth in Rule 16J-0.111. .
Alternate no. 2 Applications for one hundred Spe"cif Authority 373.044, 373.113, 373.1
373.216, 373.249 FS. Law Imp j1man ed3T3.109, 373.223
thousand (100,000) gallons per day or more may be 37FS. Hi' yLaw09, 373yo'
approved, after proper investigation by the District f,5 | le 1F
staff, without a hearing if no objections are filed to 16J-2.1 conditions for
said application; but when objections are filed to an Per it
application a hearing will be held at (Time) on (Date) he intended consumptive use:
before a Hearing Officer at (Place) ,Florida. (a) Must be a reasonable, beneficial use.
Specific Authority 373.044, 373.113, 379.149, 379.171, (b) Must be consistent with the public interest.
373.216, 373.249 FS. Law Implemented 373.116, 373.229 (c) Will not interfere with any legal use of
FS. History-Readopted 10-5-74, Amended 10-24-76. water existing at the time of the application.
(2) Issuance of a permit will be denied if the
16J-2.08 Publication and Distribution of withdrawal of water:
Notice of Application. (a) Will cause the rate of flow of a stream or other
(1) The Board shall cause the Notice of watercourse to be lowered below the minimum rate of flow
Application to be published once a week for two (2) established by the Board.
consecutive weeks in a newspaper having general (b) Will cause the level of the potentiometric
circulation within the affected area. surface to be lowered below the regulatory level
(2) The Board shall cause copies of the Notice established by the Board.
of Application to be mailed to all owners of real (c) Will cause the level of the surface of water
property set forth in the Affidavit of Ownership to be lowered below the minimum level established
required in Rule 16J-2.06(2). Such notification shall by the Board.
be sent by certified mail return receipt requested, (d) Will significantly induce salt water
posted not later than the first date of publication, encroachment.
(3) The Board shall cause copies of such Notice (e) Will cause the water table to be lowered so
written requests within the immediately preceding six and significantly affected on lands other than those
(6) months for notification of any pending owned, leased, or otherwise controlled by the
applications affecting the particular designated area. applicant.
Such notification shall be sent by regular mail posted (3) Issuance of a permit will be denied if the
not later than the first date of publication. amount of water consumptively used will exceed the
(4) The Board may cause notices to be posted water crop of lands owned, leased, or otherwise
"in prominent locations at or near the locations of controlled by the applicant. (Except where



Determined otherwise, the water crop [precipitation primary consideration in determining the amount of
less evapotranspiration ] throughout the District will consumptive use.
be assumed to be three hundred sixty-five thousand (b) Permits for water to be applied to plants,
(365,000) gallons per year per acre.) trees and shrubs, and to nursery stock, including
(4) The withdrawal of water: ornamental plants, trees and shrubs, and fish farming
(a) From a stream or other watercourse must ponds, as a direct means of frost or freeze protection
not reduce the rate of flow by more than five percent during time when temperatures are below or near
(5%) at the time and point of withdrawal. freezing, will be issued even though such application
(b) Must not cause the level of the may cause temporary surface runoff.
potentiometric surface under lands not owned, (c) Permits for removing water from fish
leased, or otherwise controlled by the applicant to be farming ponds periodically for the primary purpose
lowered more than five feet (5'). of harvesting the fish or for treating, reconditioning
(c) Must not cause the level of the water table or restocking such ponds, and for filling or
under lands not owned, leased, or otherwise maintaining such ponds, will be issued without
controlled by the applicant to be lowered more than considering such activity to be a consumptive use of
three feet (3'). water.
(d) Must not cause the level of the surface of (d) Water removed during temporary
water in any lake or other impoundment to be dewatering for construction of building or other
lowered more than one foot (1') unless the lake or foundations and roadways, or during installation of
impoundment is wholly owned, leased, or otherwise utility pipelines, cables, culverts and catch basins, will
controlled by the applicant. not be considered to be consumptively used.
(e) Must not cause the potentiometric surface (9) Flow metering devices will not be required
to be lowered below sea level, to be installed at applicant's expense when all the
(5) The Board for good cause shown may water to be withdrawn will be used for irrigation or
grant exceptions to the provisions of paragraphs (2), for frost or freeze protection. The Board may supply
(3), (4), and (10) of this rule when after and install such devices for the purpose of testing and
consideration of all data presented, including monitoring methods of applying water but the cost of
economic information, it finds that it is consistent such activity shall be borne by the District.
with the public interest. (10) Before a consumptive use permit is
(6) The Board may condition the granting of a issued, consideration will be given to the lowest
permit so as to require: quality water which the applicant has the ability to
(a) Notification of the date on which use. If it is determined that the applicant can use
withdrawals are commenced with such notification to lower quality water, that such water is available,
be postmarked no later than five (5) days after the and that the use of such water is consistent with
date of such commencement. paragraph (1) of this rule, the consumptive use
(b) Installation of flow metering or other permit will be issued only for use of the lower
measuring devices, quality water.
(c) Reports of withdrawals on forms to be Specific Authority 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.219 373.223, 373.229 FS.
provided which shall be submitted within the times History-Ieadopted 10-5-7' ended 12-31-74, 7-5-78.
prescribed. Iy 91
(d) Installation of observation wells or other 1eJ 4.11 Statement of' Policy Relating to
monitoring facilities and may establish regulatory W ter Crop.
levels. (L.) 44 The assumed size e water crop
(e) Future reductions in withdrawals or th t the cst specified in Rule
diversions, provided the schedule of any such 6-2.11(3 s sed upon the best data available.
reductions or withdrawals shall be set forth a water crop for a specific area may be
specifically on the face of the permit. significantly larger or smaller than the assumed
(7) The Board may reserve water from use by a unt.
permit in such locations and quantities, and for such (*.ST The actual amount of the water crop for
seasons of the year, as in its judgement may be a particular area depends upon rainfall and
required for the protection of fish and wildlife or the evapotranspiration rates, which vary from area to
public health and safety. Such reservations shall be area within the District.
subject to periodic review and revision in the light of QC' 8, Permit applicants should not deem
changed conditions. However, all legal uses of water themselves entitled as of right to consumptively use
existing January 1, 1975, will be protected so long as up to 365,000 gallons per year per acre of land.
such use is not contrary to the public interest. Specific Authority 373.044, 373.113, 373.149, 373.171
(8) In considering applications for permits FS. Law Implemented 373.219, 373.223, 373.229 FS.
under this Rule, the portion of water consumptively
used will be determined based on available data, or in
the absence of such data, it shall be established by 16J-2.112 Limitations Upon Withdrawals to
reasonable calculations approved by the Board. read.
(a) Permits for withdrawal of water from an (1) (a) Augmentation. Notwithstanding the
area owned, leased, or otherwise controlled by an provisions of any consumptive use permit heretofore
applicant to be used on such area to irrigate fruit issued, whenever the actual level of the water
trees, seed and plant beds, vegetables, other food surface of a lake or other impoundment is above
u crops, and forage crops, including pasturage, and to the applicable minimum water level established and
irrigate nursery stock, including ornamental plants, posted for such impoundment pursuant to Part 8 of
trees and shrubs, will be issued if there is no surface this Chapter, no further ground water withdrawal
f" runoff from the area from such irrigation. If surface shall be made for the purpose of augmenting that
runoff occurs, the amount of the runoff shall be the impoundment.

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