Fla. Admin. Code Ann. R. 40A-2.041 - Permits Required
(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 Rule
40A-2.061, F.A.C.
(4) Under certain circumstances, the District
is authorized to issue a temporary water use permit pursuant to Section
373.244, F.S.
(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 Rule 40A-2.501, F.A.C., are served by
separate withdrawal facilities, the District is authorized to issue separate
individual permits.
Notes
Rulemaking Authority 373.044, 373.113, 373.116, 373.118, 373.171 FS. Law Implemented 373.171, 373.219, 373.226 FS.
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.
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