Title: Board Draft of the Rules of The SWFWMD Chapter 40D-2, Consumptive Use of Water, March 12, 1998
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 Material Information
Title: Board Draft of the Rules of The SWFWMD Chapter 40D-2, Consumptive Use of Water, March 12, 1998
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collecion - Board Draft of the Rules of The SWFWMD Chapter 40D-2, Consumptive Use of Water, March 12, 1998 (JDV Box 108)
General Note: Box 16, Folder 13 ( Master Water Plan Project, Partnership Agreement, Governance/Water Agreement ), Item 17
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004048
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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Board Draft March 12, 1998


RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-2
CONSUMPTIVE USE OF WATER


40D-2.091 Publications Incorporated by Reference
40D-2.381 Standard Permit Conditions


40D-2.091 Publications Incorporated by Reference
The "Basis of Review for Water Use Permit Applications"
April 11, 1994, the "Agricultural Water Use Form," July
24, 1990, and the "Agricultural Water Allotment Form," July 24,
1990, are hereby incorporated by reference into this Chapter and
are available from the District upon request.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.219,
373.239, 373.243 FS. History New 10-1-89, Amended 11-15-90, 2-10-
93, 3-30-93, 7-29-93, 4-11-94,

40D-2.381 Standard Permit Conditions
(1) No change.
(2) No change.
(3) Every permit acquired under this Chapter pursuant to an
application filed with the District shall include the following
standard conditions which impose certain limitations on the
permitted water withdrawal:
(a) (q) No change.
(4) In addition to the provisions of subsection 40D-2.381(3)
above, standard terLs and condautions. sed. ieviu y, the
District shall impose special conditions as set forth in the "Basis
of Review For Water Use Permit Applications," identified in Rule
40D-2.091, or other special conditions appropriate to any specific
project.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216 FS.
Law Implemented 373.219, 373.223, 373.244 FS. History New 6-7-78,
Amended 9-9-80, 10-21-80, Formerly 16J-2.112, Amended 10-1-89, 2-
10-93, 5-2-93,


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Board Draft March 12, 1998


BASIS OF REVIEW FOR WATER USE PERMIT APPLICATIONS (continued)

conditions described below. Valid permits, legally in effect as of
the effective date of this rule, are hereafter referred to as
existing permits. Applicable permit conditions, as specified below,
are incorporated into all existing water use permits in the Water Use
Caution Area and shall be placed on new permits issued within the
area. However, both the language and the application of any permit
conditions listed may be modified when appropriate.

These portions of the Basis of Review for the Northern Tampa Bay
Water Use Caution Area are intended to supplement the other
provisions of the Basis of Review and are not intended to supersede
or replace them. If there is a conflict between requirements, the
more stringent provision shall prevail.

1. Public Supply

A wholesale public supply customer shall be required to obtain
a separate permit to effect the following conservation
requirements unless 1) there is a written agreement by the
wholesale public supply customer to abide by the conservation
requirements, or 2) the quantity obtained by the wholesale
public supply customer is less than 100,000 gallons per day on
an annual average basis and the per capital daily water use of
the wholesale public supply customer is less than the
applicable per capital daily water use requirement outlined in
Section 7.3 1.1.1.

The following water conservation requirements shall apply to
all public supply utilities and suppliers with Permits, except
for permits issued solely to a water supply authority where
its wholesale public supply customer(s)agree in writing to
abide by these requirements, that are granted for an annual
average quantity of 100,000 gallons per day or greater, as
well as wholesale customers supplied by another entity which
obtain an annual average quantity of 100,000 gallons per day
or greater, either indirectly or directly under water use
permits within the Water Use Caution Area, regardless of the
name(s) on the water use permit.
C:\MyFiles\DATA\RULES\01698\40D-2.DOC


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5.1. Effect of Non-issuance of CONSOLIDATED PERMIT.


Once it is determined that CONSOLIDATED PERMIT will not issue by reason of
the failure of one or more of the conditions to its issuance under subparagraph
5.F. are met, then:

1) Parties to administrative proceeding sign the stipulation and file it
with the District along with the proposed order.

2) Simultaneously with the entry of the Final Order, the 11 existing
permits shall automatically be modified to (1) include the form and substance of
the Special Conditions at Exhibit J; (2) make each permit subject by its terms to
subparagraphs 3.A. (Authority Responsibility and Performance Obligation), 4.A.
(Phased Reductions), 4.C. (Allocation of Reductions) and 5.H. (Chapter 120
Time Extensions); and (3) reduce the permitted quantity of each permit by some
number consistent with the interim cap of 158 and the 121 and 90.

Forget 5.L. It's covered by 21.D.

21.D. Effect of Termination on CONSOLIDATED PERMIT.

Should the AGREEMENT terminate before December 31, 2010, pursuant to one
or more of the grounds set forth in subparagraph 21.B., other than by reason of
the District's failure to fund, then the CONSOLIDATED PERMIT shall expire six
(6) months from the date of termination during which time an appropriate
application for renewal and/or modification of the CONSOLIDATED PERMIT
may be filed. If the CONSOLIDATED PERMIT has not been issued before
termination, then the permittees under the individual Water Use Permits shall
have until the later of (1) the expiration of the permit term, or (2) six (6) months
from the date of termination by which to file an appropriate application for
renewal.

If termination is the result of the District's failure to fund, the CONSOLIDATED
PERMIT (or the individual Water Use Permits, as the case may be) shall
automatically be modified by the District consistent with subparagraph 3.E.,
without the need for further action by the District or any other party. If the
CONSOLIDATED PERMIT is in effect, it shall remain in effect. If the individual
Water Use Permits are in effect, they shall remain in effect and the permittees
shall have until the latest of (1) January 17, 2001, (2) the expiration of the permit
term, or (3) six (6) months from the date of termination to file an appropriate
application for renewal.


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'Funding of non-state, non-federal share of any permitted project. SWFWMD Funding
capped at S183 million.


:Project funding includes design/construction of all pertinent facilities to develop and
deliver water to interconnected regional system.


EXHIBIT 1

SWFWMD PROPOSED FUNDING'
FOR WCRWSA MWP PROJECTS
TOTALING AT LEAST 85 MGD


SWFWMD% WCRWSA%
New Interties to form Regional Interconnected Utility 50 50


Surface Water Projects2 50 50


Surface Water Projects with Reservoir2 60 40


Surface Water Projects with Reservoir and ASR 65 35


Brackish Desalination Projects2 70 30


Indirect Potable Reuse Projects2 80 20


Seawater Desalination Projects2 90 10


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EXHIBIT B 3 1~

MASTER WATER PLAN

The Master Water Plan, as approved by the Authority's Board of Directors in December 1995,
comprised the development of 85 mgd of new supply and three pipeline interties in two phases.
Further evaluation of three developmental alternatives and a conservation program to save 17 mgd
over the 10 year development period have reinforced the Plan. The Master Water Plan currently
includes the following potential new supply projects, as may be subsequently modified by the
Authority Board pursuant to the permitting procedures established in the Interlocal Agreement:

Cypress Bridge Permit Increase Ongoing evaluation of operating and monitoring data for the
Cypress Bridge Wellfield, which straddles Hillsborough and Pasco Counties, for potential
incremental increase in production above current permitted capacity.

Tampa Bypass Canal Project looks to utilize available supply from the Tampa Bypass Canal
beyond that which is committed as augmentation to the City of Tampa Hillsborough River Reservoir.
A component of the Enhanced Surface Water System.

Industrial/Agricultural Exchange/Alafia River Proposes to capture seasonally variable available
flows from the Alafia River and Lithia Springs for storage in an off-stream reservoir. A component
of the Enhanced Surface Water System.

Hillsborough River High Water Proposes to harvest a portion of wet-season flows in the
Hillsborough River after City of Tampa and downstream ecological needs have been met. A
component of the Enhanced Surface Water System.

Enhanced Surface Water System The previous three supply projects (Tampa Bypass Canal,
Industrial/Agricultural Exchange/Alafia River, and Hillsborough River High Water) with the South
Central Hillsborough Intertie. The Enhanced Surface Water system realizes greater yields and
increased efficiencies over the individual projects through shared conveyance, storage, and treatment
facilities.

Brandon Urban Dispersed Wells Selective redevelopment of groundwater supply in the Brandon
area.

Cone Ranch and Dispersed Wells Project to develop long-planned available groundwater supply in
Northeast Hillsborough County in conjunction with hydrologic restoration.

Hillsborough Bay Resource Exchange Indirect potable reuse through supplemental treatment of
H.F. Curren effluent and subsequent augmentation of Tampa Bypass Canal. Public acceptability
currently being evaluated.

Seawater Desalination Investigation of this supply option through issuance of a request for
proposals for privatized development and subsequent evaluation of responses.

Brackish Water Desalination Continued evaluation by Authority and Member Governments of
opportunities for development of brackish water supplies.


Exhibit B is provided for informational purposes only.


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