Fla. Admin. Code Ann. R. 40C-2.031 - Implementation
(1) An individual consumptive use permitting
program has been implemented on the following dates within the District:
(a) December 31, 1976 at 11:59 p.m. in that
area transferred to the District from the Central and Southern Florida Flood
Control District pursuant to Section 373.069 (Supp. 1976), F.S., known as the
Upper St. Johns River Basin (see figure 1.4.1-1 of the Applicant's Handbook,
Consumptive Uses of Water, which is incorporated by reference in paragraph
40C-2.101(1)(a),
F.A.C.).
(b) December 1, 1980 in
that area transferred to the District from the Southwest Florida Water
Management District pursuant to Section 373.069 (Supp. 1976), F.S., known as
the Green Swamp Sub-basin, (see figure 1.4.1-1 of the Applicant's Handbook,
Consumptive Uses of Water, which is incorporated by reference in paragraph
40C-2.101(1)(a),
F.A.C.).
(c) January 1, 1983 in the
remaining area of the District not listed in paragraphs (a) and (b), above, as
described in Section 373.069(2)(c),
F.S. (see figure 1.4.1-1 of the Applicant's Handbook, Consumptive Uses of
Water, which is incorporated by reference in paragraph
40C-2.101(1)(a),
F.A.C.), and for those uses not regulated prior to January 1, 1983.
(d) A general consumptive use permit by rule
permitting program has been implemented within the entire District on
7-23-91.
(2) The
effective dates specified in subsection (1), above, are to be used to determine
the beginning of the two-year period provided in Section
373.226, F.S., in which existing
water users are to file initial applications. Failure to apply within the
period of two years from the effective date of implementation shall create a
conclusive presumption of abandonment of the use and if the user desires to
revive the use, he must apply for a permit under the provisions of Rule
40C-2.301, F.A.C.
(3) The program previously implemented in the
areas described in paragraphs (1)(a) and (b), above, is superseded throughout
the District by the rules that become effective on January 1,
1983.
Notes
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS.
New 1-1-83, Formerly 40C-2.031, 40C-2.0031, Amended 7-23-91, 12-6-93, 2-15-95, 1-7-99, 2-15-06, 8-14-14, 7-1-18.
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