Florida Regulations 40A-2.041: Permits Required
Current as of: 2024 | Check for updates
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(1) Unless expressly exempted by law or District rule, a water use permit must be obtained from the District prior to any use, withdrawal, or diversion of water.
(2) The District issues water use permits in two forms, Individual Water Use Permits and General Water Use Permits. General Water Use Permits are issued by rule.
(3) An individual permit is required for any use of water which is non-exempt and does not qualify for a General Water Use Permit by rule in accordance with Fl. Admin. Code R. 40A-2.061
(4) Under certain circumstances, the District is authorized to issue a temporary water use permit pursuant to Florida Statutes § 373.244
(5) A water user shall obtain one permit for all withdrawals and diversions that are intended to serve contiguous property. Two or more properties represented by their owners to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same withdrawal facilities and related infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Fl. Admin. Code R. 40A-2.501, are served by separate withdrawal facilities, the District is authorized to issue separate individual permits.
Rulemaking Authority 373.044, 373.113, 373.116, 373.118, 373.171 FS. Law Implemented 373.171, 373.219, 373.226 FS. History-New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 5-29-14.
(3) An individual permit is required for any use of water which is non-exempt and does not qualify for a General Water Use Permit by rule in accordance with Fl. Admin. Code R. 40A-2.061
(4) Under certain circumstances, the District is authorized to issue a temporary water use permit pursuant to Florida Statutes § 373.244
(5) A water user shall obtain one permit for all withdrawals and diversions that are intended to serve contiguous property. Two or more properties represented by their owners to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same withdrawal facilities and related infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Fl. Admin. Code R. 40A-2.501, are served by separate withdrawal facilities, the District is authorized to issue separate individual permits.
Rulemaking Authority 373.044, 373.113, 373.116, 373.118, 373.171 FS. Law Implemented 373.171, 373.219, 373.226 FS. History-New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 5-29-14.