Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.331 - Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A permittee may
				seek modification of any terms of an unexpired permit pursuant to Section
				 373.239, F.S.
(2) The District shall modify a permit, or
				delete or modify any limiting conditions on a permit, to insure the continued
				reasonable-beneficial use of water or to protect the water resources of the
				District.
(3) Modifications shall
				be requested by either:
(a) Formal
				application, using the appropriate application forms incorporated in subsection
				 40A-2.101(1),
				F.A.C., and including the appropriate fee. Formal modification applications
				that are made in the last year of the permit term shall be processed as a
				renewal application with modification, if renewal of the permit is desired by
				the permittee. Upon request and documentation by the permittee, modification
				applications that are deemed by the District to be substantial, as described in
				the Water Use Permit Applicant's Handbook section 1.4.4.1, shall be processed
				as a renewal application with modification. A request for formal modification
				shall be treated as a new application and shall be reviewed in accordance with
				the rules in effect at the time the modification application is
				filed.
(b) Letter request, on the
				Water Use Permit Letter Modification Request Form, Form No. 161, effective May
				29, 2014, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03863
),
				which is hereby incorporated by reference into this section and available from
				the District's website (nwfwater.com) or from District offices, including a
				description of the proposed modification and the appropriate fees. Letter
				requests can be utilized provided that:
1. The
				proposed modification involves water use of less than 100, 000 gallons per day
				and the permittee establishes that a change in conditions has resulted in the
				water allowed under the permit becoming inadequate for the permittee's need or
				that the proposed modification would result in a more efficient utilization of
				water than is possible under the existing permit;
2. The annual average daily withdrawal or
				diversion will not increase by more than 10% of the total permitted
				quantity;
3. The total permitted
				withdrawal or diversion from any surface water body, including the proposed
				modification, will not exceed 10% of the baseflow or storage volume of the
				waterbody;
4. The use(s) of the
				water will not change, except to discontinue and remove any use(s);
5. The source(s) of water will not change,
				except to add reuse;
6. The
				modification does not cause the permit to exceed any delegation limits set by
				the Governing Board for final agency action at staff level;
7. The proposed changes would not cause
				impacts beyond those considered in the initial permit;
8. The proposed modification will not affect
				a Reservation of Water identified in Rule
				 40A-2.223, F.A.C., or affect an
				established Minimum Flow or Level;
9. The proposed modification will not extend
				a permit duration, except as provided for in Rule
				 40A-2.321, F.A.C., as incentive
				for water conservation; and,
10.
				Well replacements must be constructed within the same aquifer unit, be located
				within 300 feet of the original well, be located at least 300 feet from
				wetlands, lakes, and springs, and have a pumping capacity less than or equal to
				the original well.
(c)
				There is no limit to the number of letter modifications that a permittee may
				request during a permit term, provided that the sum total of the withdrawal or
				diversion quantity modifications do not exceed the limits specified in
				paragraph (3)(b) above.
(d) A
				request for modification by letter in accordance with paragraph (3)(b) above
				need only provide information and meet the conditions for issuance in Rule
				 40A-2.301, F.A.C., that relate
				to the modification request, in accordance with Section
				 373.239(2),
				F.S. A permit which has expired or which has been revoked shall not be subject
				to modification.
(e) If the
				District determines that a request for letter modification does not meet the
				qualifications stated above, the applicant will be informed that the desired
				changes must be made through the formal modification process.
(f) Approval authority for letter
				modification requests shall rest with the Executive Director and be exercised
				without a hearing. If a request for a letter modification is not authorized by
				the Executive Director, the Permittee may, at his discretion, apply for formal
				modification of the permit.