Fla. Admin. Code Ann. R. 40E-2.301 - Conditions for Issuance of Permits

(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 Section 373.019(13), F.S., with consideration given to the factors set forth in Rule 62-40.410, F.A.C.;

(f) Will not interfere with presently existing legal uses;

(g) Is in accordance with Section 373.2295, F.S., concerning interdistrict transfer of groundwater and Section 373.223(3), F.S., 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 Rule 40E-2.091, F.A.C.

(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 Chapter 373, F.S., and this chapter.

(k) Will not withdraw water reserved under Chapter 40E-10, F.A.C.

(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 Rule 40E-2.091, F.A.C., are met.

Notes

Fla. Admin. Code Ann. R. 40E-2.301

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.

New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09, Amended by Florida Register Volume 40, Number 127, July 1, 2014 effective 7/14/2014.

New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09, 7-14-14.