Section 40B-2.301 - Conditions for Issuance of Permits(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:(a) Is a reasonable-beneficial use;(b) Will not interfere with any presently existing legal use of water; and(c) Is consistent with the public interest.(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use: (a) Is a quantity that is necessary for economic and efficient use;(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;(c) Will utilize a water source that is suitable for the consumptive use;(d) Will utilize a water source that is capable of producing the requested amount;(e) Except when the use is for human food preparation and direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible;(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;(g) Will not cause harm to the water resources of the area in any of the following ways: 1. Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion;2. Will not cause harmful water quality impacts from dewatering discharge to receiving waters;3. Will not cause harmful saline water intrusion or harmful upconing;4. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and,5. Will not otherwise cause harmful hydrologic alterations to the water resources of the area.(h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and(i) Will not use water reserved pursuant to Section 373.223(4), F.S.(3) The standards and criteria set forth in the Water Use Permit Applicant's Handbook, http://www.flrules.org/Gateway/reference.asp?No=Ref-16339, effective March 2024, hereby incorporated by reference into this chapter, if met, will provide the reasonable assurances required in Rule 40B-2.301, F.A.C.Fla. Admin. Code Ann. R. 40B-2.301
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS.
New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-13, 8-22-13, 3-24-14, Amended by Florida Register Volume 44, Number 249, December 26, 2018 effective 1/9/2019, Amended by Florida Register Volume 45, Number 225, November 19, 2019 effective 12/4/2019, Amended by Florida Register Volume 50, Number 035, February 20, 2024 effective 3/7/2024.New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-13, 8-22-13, 3-24-14, 1-9-19, 12-4-19, 3-7-24.