Fla. Admin. Code R. 62-40.410

Current through Reg. 51, No. 009; January 14, 2025

Section 62-40.410 - Water Supply Protection and Management

The following shall apply when the use of water is regulated pursuant to Part II of Chapter 373, F.S.:

(1) No permit shall be granted to authorize the use of water unless the applicant establishes that the proposed use is a reasonable-beneficial use, will not interfere with presently existing legal uses of water, and is consistent with the public interest.

(2) In determining whether a water use is a reasonable-beneficial use, the following factors will be considered:

(a) The quantity of water requested for the use;

(b) The demonstrated need for the use;

(c) The suitability of the use to the source of water;

(d) The purpose and value of the use;

(e) The extent and amount of harm caused;

(f) The practicality of mitigating any harm by adjusting the quantity or method of use;

(g) Whether the impact of the withdrawal extends to land not owned or legally controlled by the user;

(h) The method and efficiency of use;

(i) Water conservation measures taken and available to be taken;

(j) The feasibility of alternative sources such as reclaimed water, stormwater, aquifer storage and recovery, brackish water and salt water;

(k) The present and projected demand for the source of water;

(l) The long-term yield available from the source of water;

(m) The extent of water quality degradation caused;

(n) Whether the proposed use would cause or contribute to flood damage;

(o) Whether the proposed use would significantly induce or increase saltwater intrusion;

(p) The amount of water which can be withdrawn without causing harm to the resource;

(q) Whether the proposed use would adversely affect public health; and,

(r) Whether the proposed use would significantly affect natural systems.

(3) Water may be reserved from permit use in such locations and quantities, and for such seasons of the year, as is required for the protection of fish and wildlife or the public health or safety. Such reservations shall be subject to periodic review and revision in light of changed conditions. However, all presently existing legal users of water shall be protected so long as such use is not contrary to the public interest. Reservations shall be established in accordance with Rule 62-40.474, F.A.C.

(4) In implementing consumptive use permitting programs, the Department and the Districts shall recognize the rights of property owners, as limited by law, to make consumptive uses of water from their land, and the rights of other users, as limited by law, to make consumptive uses of water, for reasonable-beneficial uses in a manner consistent with the public interest that will not interfere with any presently existing legal use of water.

(5) Permits authorizing consumptive uses of water which cause unanticipated significant adverse impacts on off-site land uses existing at the time of permit application, or on legal uses of water existing at the time of permit application, shall be considered for modification, to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee.

(6) In implementing consumptive use permitting programs, the Department and Districts shall strive to prevent harm to natural systems without the need for artificial maintenance of natural systems by pumped groundwater augmentation. If groundwater augmentation is authorized, reasonable assurance must be provided that such augmentation will not cause harm to natural systems.

(a) In the adoption and implementation of consumptive use permitting rules regarding use of pumped ground water to artificially maintain natural systems that otherwise would be adversely affected by withdrawals for water supply, consideration shall be given to the following factors:

1. Whether there are other economically, environmentally, and technically feasible means to avoid the impacts, including the use of alternative water sources, that would reduce or eliminate the impact. In determining economic feasibility, the Department and Districts shall consider costs and benefits;

2. The current condition of the natural system, and whether the system would be enhanced over the current condition through augmentation;

3. The geographic extent of the system to be augmented; and,

4. The amount of water made available for water supply compared to the amount required for augmentation.

(b) The use of reclaimed water and recycled stormwater is encouraged in situations when the augmentation of wetlands is conducted, where practical and consistent with water quality protection.

(c) This paragraph is not intended to exclude other means to avoid or mitigate adverse impacts to natural systems.

(7) The Districts shall determine whether Section 373.233, F.S., entitled "Competing Applications", and implementing rules, are applicable to pending applications.

(8) For all water use classes, when economic conditions or population growth rates result in the actual water use being lower than permitted water use, a modification to reduce the permitted allocation shall only be made by the District when there is no reasonable likelihood that the allocation will be needed during the permit term. For agricultural consumptive use permits for irrigation, reductions in actual use compared to permitted consumptive use that are due to weather events, crop diseases, nursery stock availability, or changes in crop type shall not result in a permit modification by the District to reduce the permitted allocation during the term of the permit. Nothing in this subsection shall be construed to alter the Districts' authority to reduce permitted consumptive use under circumstances not addressed by this subsection, nor be construed to alter the water conservation requirements of the permit for the duration of the permit.

(9) Any reallocation of an existing permitted quantity of water shall be reviewed by the District and shall be subject to full compliance with the applicable permitting criteria of the District.

Fla. Admin. Code Ann. R. 62-40.410

Rulemaking Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.171, 373.219, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.042, 373.0421, 373.103, 373.171, 373.175, 373.219, 373.223, 373.233, 373.236, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.703, 403.064, 403.0891 FS.

New 7-20-95, Amended 5-7-05, 5-7-06, 5-6-13.