Florida Regulations 40E-2.041: Permits Required
Current as of: 2024 | Check for updates
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(1) Unless expressly exempt by law or District rule, a water use permit must be obtained from the District prior to any use or withdrawal of water.
(2) The District issues water use permits in two forms, individual water use permits and general water use permits. A water use permit may be obtained by meeting the requirements of this chapter.
(3) Under certain circumstances the District may issue a temporary water use permit pursuant to Florida Statutes § 373.244
(4) A water user seeking a noticed general permit shall obtain one permit for all withdrawals intended to serve contiguous areas. Unless obtaining multiple permits whose withdrawal quantities are monitored and reported from each withdrawal facility or point of diversion, if required by Subsection 4.1.1 of the Applicant’s Handbook, and evaluated for feasibility of using reclaimed water, if required by Subsection 2.2.4.B of the Applicant’s Handbook, two or more projects shall be aggregated and treated as a single project for permitting purposes when the District determines that the projects are physicially proximate and either:
(a) Share the same irrigation infrastructure; or,
(b) Are operated as a common enterprise.
However, when multiple use classifications, as set forth in Fl. Admin. Code R. 40E-21.651, are served by separate withdrawal facilities, the District is authorized to issue separate noticed general permits.
Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.116, 373.118, 373.219, 373.244 FS. History-New 9-3-81, Formerly 16K-2.03(1), (2), Amended 10-23-12, 7-14-14.
(3) Under certain circumstances the District may issue a temporary water use permit pursuant to Florida Statutes § 373.244
(4) A water user seeking a noticed general permit shall obtain one permit for all withdrawals intended to serve contiguous areas. Unless obtaining multiple permits whose withdrawal quantities are monitored and reported from each withdrawal facility or point of diversion, if required by Subsection 4.1.1 of the Applicant’s Handbook, and evaluated for feasibility of using reclaimed water, if required by Subsection 2.2.4.B of the Applicant’s Handbook, two or more projects shall be aggregated and treated as a single project for permitting purposes when the District determines that the projects are physicially proximate and either:
(a) Share the same irrigation infrastructure; or,
(b) Are operated as a common enterprise.
However, when multiple use classifications, as set forth in Fl. Admin. Code R. 40E-21.651, are served by separate withdrawal facilities, the District is authorized to issue separate noticed general permits.
Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.116, 373.118, 373.219, 373.244 FS. History-New 9-3-81, Formerly 16K-2.03(1), (2), Amended 10-23-12, 7-14-14.