Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions shall apply Districtwide when used
				  in this chapter and in the District's Water Use Permit Applicant's Handbook
				  Part B, (WUP Applicant's Handbook), (rev. 10/15), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-05856
),
				  incorporated by reference in Rule
				   40D-2.091, F.A.C., except as
				  specifically limited:
(1) "Alternative
				water supplies" and "alternative water supply" is defined in Section
				 373.019(1),
				F.S.
(2) "Annual Average" means the
				annual average quantities that is the total quantity authorized by the District
				from water sources in 1 year, divided by 365 days and expressed in gallons per
				day (gpd).
(3) "Change in Ownership
				or Control" with respect to Self-Relocation within the Southern Water Use
				Caution Area (SWUCA) and the Dover/Plant City Water Use Caution Area (D/PCWUCA)
				means a person other than the permittee that has been granted a real property
				interest or lease interest in the property subject to the permit; but does not
				include a person with a familial relationship to the permittee.
(4) "Common Area" means areas designated for
				common use or enjoyment including entranceways, parking lots, areas around
				buildings, areas within roadway right of ways, (e.g., road and sidewalk
				medians), open spaces, community areas and public parks.
(5) "Dover/Plant City WUCA" or "D/PCWUCA"
				means the Dover/Plant City Water Use Caution Area as described in paragraph
				 40D-2.801(3)(c),
				F.A.C.
(6) "Drought Annual Average"
				means the annual average quantities in the SWUCA that is the total quantity
				authorized by the District in 1 calendar year for irrigation based on a
				two-in-ten year drought, divided by 365 days and expressed in gallons per day
				(gpd).
(7) "MIA" means the Most
				Impacted Area within the Southern Water Use Caution Area located in
				Hillsborough, Manatee and Sarasota Counties as described in subparagraph
				 40D-2.801(3)(b) 
				2., F.A.C.
(8) "Net Benefit" means
				activities or measures that will result in an improvement to a Minimum Flow or
				Level water body within the SWUCA or Dover/Plant City WUCA that more than
				offsets the impact of a proposed withdrawal.
(9) "New Quantities" means groundwater for
				annual average quantities and crop protection that is not currently authorized
				to be used for the intended use by the applicant. Within the SWUCA, means
				groundwater that is not currently authorized to be withdrawn by the applicant
				or not currently authorized to be used for the intended use by the applicant.
				Within the Dover/Plant City WUCA, "New Quantities" means groundwater for crop
				protection that is not currently authorized to be used by the applicant or not
				currently authorized to be used for the intended use by the applicant. This
				includes modifications of existing permits to increase quantities, and/or
				change the Permit Use Type (affecting only the modified portion), but does not
				include a full or partial permit transfer. A modification to change crops or
				plants grown under an Agricultural Use or to change withdrawal location or Use
				Type that is authorized by the terms of the permit or site certification at the
				time of issuance, is not a change in Permit Use Type provided that the
				quantities do not increase. In addition, when land is mined and the land will
				be returned to the Use Type operation authorized under the water use permit
				(WUP) that existed prior to mining, such activity does not constitute a change
				in Use Type or New Quantity.
(10)
				"Reclaimed Water" is defined in Section
				 373.019(17),
				F.S.
(11) "Ridge Lakes" means those
				lakes located within the area formerly known as the Highlands Ridge Water Use
				Caution Area as described in subparagraph
				 40D-2.801(3)(b) 
				3., F.A.C.
(12) "Self-Relocation"
				means a permit modification that authorizes a permittee to move all or a
				portion of its withdrawal located within the SWUCA or D/PCWUCA to a new
				location or locations owned or controlled by the permittee within the SWUCA or
				D/PCWUCA, with no change in ownership, control, or Use Type as set forth in
				Rule  40D-2.501, F.A.C., and no
				increase in quantities. Self-Relocation does not include changes in withdrawal
				location or Use Type that are authorized by the terms of the existing
				permit.
(13) "SWUCA" means the
				Southern Water Use Caution Area as described in paragraph
				 40D-2.801(3)(b),
				F.A.C.
(14) "Upper Peace River"
				means that portion of the Peace River beginning at the confluence of Saddle
				Creek and the Peace Creek Canal, and extending southerly to the United States
				Geological Survey Zolfo Springs River Gage No. 02295637 and including the
				watershed contributing to that portion of the Peace River.
(15) "Water Use Permit" means a permit issued
				pursuant to Part II of Chapter 373, F.S. and Chapter 40D-2, F.A.C., which shall
				also be referred to as a "WUP".
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.171 FS. Law Implemented
					  373.036,
					  373.042,
					  373.0421,
					  373.116,
					  373.117,
					  373.118,
					  373.149,
					  373.171,
					  373.216,
					  373.219,
					  373.223,
					  373.229,
					  373.239,
					  373.243,
					  373.709 FS.
New 1-1-07, Amended 12-30-08, 4-27-10, 6-16-11, 5-19-14,
					 9-29-15.