Florida Regulations 40E-2.301: Conditions for Issuance of Permits
Current as of: 2024 | Check for updates
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(1) In order to obtain a permit, permit renewal, or permit modification under this chapter, an applicant must give reasonable assurances that the proposed water use at the time the permit application is deemed complete:
(a) Will not cause harmful saline water intrusion;
(b) Will not harm offsite land uses;
(c) Will not cause harm to wetlands or other surface waters;
(d) Will not cause pollution of the water resources;
(e) Is otherwise a reasonable-beneficial use as defined in Florida Statutes § 373.019(13), with consideration given to the factors set forth in Fl. Admin. Code R. 62-40.410;
(f) Will not interfere with presently existing legal uses;
(g) Is in accordance with Florida Statutes § 373.2295, concerning interdistrict transfer of groundwater and Florida Statutes § 373.223(3), concerning water transport and use of groundwater or surface water across county boundaries.
(h) For uses with a recommended maximum allocation which exceeds 100,000 gallons per day or uses within a mandatory reuse zone, makes use of a reclaimed water source in accordance with the criteria contained in the “”Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,”” incorporated by reference in Fl. Admin. Code R. 40E-2.091
(i) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and
(j) Is consistent with Sections 373.016 and 373.036, F.S., and otherwise is consistent with the public interest as prescribed by Florida Statutes Chapter 373, and this chapter.
(k) Will not withdraw water reserved under Fl. Admin. Code Chapter 40E-10
(2) In order to satisfy the conditions for permit issuance in subsection (1), the permit applicant must provide reasonable assurances that the criteria in the “”Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,”” incorporated by reference in Fl. Admin. Code R. 40E-2.091, are met.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.042, 373.083, 373.103(4), 373.1501, 373.1502, 373.223, 373.229, 373.2295, 373.470 FS. History-New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09, 7-14-14.
(b) Will not harm offsite land uses;
(c) Will not cause harm to wetlands or other surface waters;
(d) Will not cause pollution of the water resources;
(e) Is otherwise a reasonable-beneficial use as defined in Florida Statutes § 373.019(13), with consideration given to the factors set forth in Fl. Admin. Code R. 62-40.410;
(f) Will not interfere with presently existing legal uses;
(g) Is in accordance with Florida Statutes § 373.2295, concerning interdistrict transfer of groundwater and Florida Statutes § 373.223(3), concerning water transport and use of groundwater or surface water across county boundaries.
(h) For uses with a recommended maximum allocation which exceeds 100,000 gallons per day or uses within a mandatory reuse zone, makes use of a reclaimed water source in accordance with the criteria contained in the “”Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,”” incorporated by reference in Fl. Admin. Code R. 40E-2.091
(i) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and
(j) Is consistent with Sections 373.016 and 373.036, F.S., and otherwise is consistent with the public interest as prescribed by Florida Statutes Chapter 373, and this chapter.
(k) Will not withdraw water reserved under Fl. Admin. Code Chapter 40E-10
(2) In order to satisfy the conditions for permit issuance in subsection (1), the permit applicant must provide reasonable assurances that the criteria in the “”Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,”” incorporated by reference in Fl. Admin. Code R. 40E-2.091, are met.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.042, 373.083, 373.103(4), 373.1501, 373.1502, 373.223, 373.229, 373.2295, 373.470 FS. History-New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09, 7-14-14.