Florida Regulations 40A-2.301: Conditions for Issuance
Current as of: 2024 | Check for updates
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(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed water use, 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 water use is reasonable-beneficial, an applicant shall demonstrate that the 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 or 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 Florida Statutes § 373.223(4)
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. History-New 10-1-82, Amended 5-17-85, 1-5-86, 11-1-93, 10-1-95, 5-29-14.
(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 water use is reasonable-beneficial, an applicant shall demonstrate that the 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 or 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 Florida Statutes § 373.223(4)
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. History-New 10-1-82, Amended 5-17-85, 1-5-86, 11-1-93, 10-1-95, 5-29-14.