Florida Regulations 62-40.422: Interdistrict Transfer
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The following shall apply to the transfers of surface and ground water where such transfers are regulated pursuant to Part II of Florida Statutes Chapter 373:
(1) The transfer or use of surface water across District boundaries shall require approval of each involved District. The transfer or use of ground water across District boundaries shall require approval of the District where the withdrawal of ground water occurs.
(2) In deciding whether the transfer and use of surface water across District boundaries is consistent with the public interest pursuant to Florida Statutes § 373.223, the Districts shall consider the extent to which:
(a) Comprehensive water conservation and reuse programs are implemented and enforced in the area of need;
(b) The major costs, benefits, and environmental impacts have been adequately determined including the impact on both the supplying and receiving areas;
(c) The transfer is an environmentally and economically acceptable method to supply water for the given purpose;
(d) The present and projected water needs of the supplying area are reasonably determined and can be satisfied even if the transfer takes place;
(e) The transfer plan incorporates a regional approach to water supply and distribution including, where appropriate, plans for eventual interconnection of water supply sources; and,
(f) The transfer is otherwise consistent with the public interest based upon evidence presented.
(3) The interdistrict transfer and use of ground water must meet the requirements of Florida Statutes § 373.2295
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.103, 373.171, 373.1961, 373.223, 373.2295, 373.246, 373.250, 373.418, 403.064, 403.0891 FS. History-New 5-5-81, Formerly 17-40.05, 17-40.050, 17-40.402, 17-40.422, Amended 7-20-95, 5-7-05.
Terms Used In Florida Regulations 62-40.422
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) In deciding whether the transfer and use of surface water across District boundaries is consistent with the public interest pursuant to Florida Statutes § 373.223, the Districts shall consider the extent to which:
(a) Comprehensive water conservation and reuse programs are implemented and enforced in the area of need;
(b) The major costs, benefits, and environmental impacts have been adequately determined including the impact on both the supplying and receiving areas;
(c) The transfer is an environmentally and economically acceptable method to supply water for the given purpose;
(d) The present and projected water needs of the supplying area are reasonably determined and can be satisfied even if the transfer takes place;
(e) The transfer plan incorporates a regional approach to water supply and distribution including, where appropriate, plans for eventual interconnection of water supply sources; and,
(f) The transfer is otherwise consistent with the public interest based upon evidence presented.
(3) The interdistrict transfer and use of ground water must meet the requirements of Florida Statutes § 373.2295
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.103, 373.171, 373.1961, 373.223, 373.2295, 373.246, 373.250, 373.418, 403.064, 403.0891 FS. History-New 5-5-81, Formerly 17-40.05, 17-40.050, 17-40.402, 17-40.422, Amended 7-20-95, 5-7-05.