Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.321 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) When requested
				by an applicant, a WUP shall have a duration of 20 years provided the applicant
				provides sufficient data to demonstrate reasonable assurance that the proposed
				use meets the conditions for issuance in Rule
				 40D-2.301, F.A.C., and the
				criteria in the WUP Applicant's Handbook Part B, (rev. 10/15), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-05856
),
				for the requested duration.
(2) If
				there are pre-existing adverse impacts resulting from the permittee's existing
				permit that are being addressed through a mitigation plan that includes a
				minimum flow and recovery strategy that must be eliminated by the tenth year of
				the permit, the water use permit shall have a duration of 10 years provided
				that the applicant provides sufficient data to demonstrate reasonable assurance
				that the proposed use meets the conditions for issuance in Rule
				 40D-2.301, F.A.C., and the
				criteria in the WUP Applicant's Handbook Part B, (rev. 10/15), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-05856
),
				for the permit's duration. Subsection (3) shall not apply to a permit required
				to have a 10 year duration pursuant to subsection
				 40D-2.321(2),
				F.A.C.
(3) Permits that do not
				qualify for a 20 year permit duration pursuant to subsection
				 40D-2.321(1),
				F.A.C., shall be issued for a shorter duration that reflects the period for
				which the applicant has provided sufficient data to demonstrate such reasonable
				assurances that the proposed use meets the conditions for issuance in Rule
				 40D-2.301, F.A.C., and the
				criteria in the WUP Applicant's Handbook Part B, (rev. 10/15), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-05856
).
(4) The District is authorized to issue
				permits for a period up to 50 years in accordance with Section
				 373.236(3),
				F.S.
(5) Permits that are modified
				prior to renewal will maintain the original expiration date unless the
				applicant requests the modification be deemed by the District to be substantial
				as described in the WUP Applicant's Handbook Part B Section 1.4.11, and treated
				as a renewal with modification. If the District determines that the criteria of
				the WUP Applicant's Handbook Part B Section 1.4.11, are met, the application
				shall be processed as a renewal application with modification. Notwithstanding
				paragraph  40D-2.331(1)(b),
				F.A.C., a request for modification solely of the permit expiration date of a
				WUP issued from January 1, 2003 to December 31, 2012, shall be approved by
				letter, provided a Modification Short Form Application is submitted, the permit
				is in compliance with the criteria in Rule
				 40D-2.301, F.A.C. and all
				conditions of the permit, and the permit does not exceed the applicable permit
				duration provided in subsection
				 40D-2.321(1),
				F.A.C. or is a permit required to have a ten year duration pursuant to
				subsection  40D-2.321(2),
				F.A.C.
(6) Wholesale Public Supply
				Permits shall be issued with an expiration date that coincides with the
				expiration date of the supplier's permit that provides the majority of the
				supply to the Wholesale Public Supply Permittee.
(7) The District is authorized to issue
				permits for a period up to 37 years in accordance with Section
				 373.236(5)(b),
				F.S.
Rulemaking Authority
					 373.044,
					  373.103,
					 373.113,
					  373.171  FS. Law Implemented
					 373.103,
					 373.171,
					  373.219,
					  373.223,
					  373.227,
					  373.236,
					  373.250 FS.
New 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82,
					 Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07, 2-13-08, 12-30-08,
					 6-30-10, 1-1-13, 5-19-14, 9-29-15.