Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-2 - REGULATION OF CONSUMPTIVE USES OF WATER › Section 40A-2.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Alternative water supply - a water source
				that meets the definition in Section
				 373.019, F.S.
(2) Annual average daily withdrawal - an
				amount of water that is equal to the total volume of water withdrawn or
				diverted from all sources during one year divided by 365 days, and expressed in
				gallons per day (gpd).
(3)
				Applicant's Handbook - a document providing additional guidance and direction
				to applicants and Permittees regarding this rule.
(4) Annual withdrawal - the quantity of water
				withdrawn or diverted during any 365 day period.
(5) Aquifer remediation use - the withdrawal
				of groundwater for the authorized removal of contaminants for the purposes of
				restoring water quality.
(6) Area
				of Resource Concern - areas delineated on the map contained in Rule
				 40A-2.902, F.A.C., where
				resource concerns exist related to water availability, water quality, high
				anticipated growth in demand or other factors.
(7) Base flow - the sustained or fair-weather
				streamflow. Base flow is the difference between streamflow (total runoff) and
				direct runoff. Base flow originates from rainwater that percolates downward to
				the water table and moves laterally through the groundwater aquifer toward the
				streams.
(8) Capacity - the amount
				of water that can be withdrawn or diverted by a ground or surface water pump
				within a 24-hour period. The capacity of a pump is derived by multiplying the
				rating of a pump in gallons per minute by 1, 440 minutes (24 hours), expressed
				in gallons per day.
(9) Closed
				system - an air conditioning/heat pump supply well and return flow well used to
				inject water carrying no additives into the same permeable zone from which the
				water was withdrawn by the supply well.
(10) Department - the Florida Department of
				Environmental Protection.
(11)
				Disapproved facility - a facility that has been formally disapproved or deemed
				unsuitable by the District, or Department.
(12) District - the Northwest Florida Water
				Management District.
(13) District
				offices - locations staffed by District personnel from which materials
				incorporated by reference into the rule can be obtained. These are:
District Headquarters, Permitting Section, 152 Water
				  Management Drive, Havana, FL 32333-9700.
(14) Domestic use or domestic consumption -
				the self-supplied use of water for individual personal household purposes such
				as drinking, bathing, cooking, sanitation or cleaning, which occurs in a
				private residence, and includes no more than one rental residence or no more
				than four non-rental residences served by one well.
(15) Facility - structure that allows for the
				withdrawal or diversion of water from a particular source. Facilities include,
				but are not limited to, wells, pumps, pipelines, flumes, canals, ditches,
				swales, artificial ponds, etc.
(16)
				Florida-friendly landscaping - a landscaping method detailing nine principles
				that conserve water, protect the environment, are adaptable to local
				conditions, and are drought tolerant as outlined in Section
				 373.185, F.S.
(17) General Water Use Permit - a permit
				granted by rule to an entity for those non-exempt water uses that meet specific
				criteria outlines in this chapter.
(18) Governing Board - the Governing Board of
				the Northwest Florida Water Management District created under section
				 373.073, F.S.
(19) Harm - harm occurs when a use, diversion
				or withdrawal causes adverse impact to an existing legal use of water, offsite
				land use, water resource or environmental feature associated with the resource.
				De minimus impacts do not constitute harm.
(20) Heating or cooling use - a type of
				commercial water use involving heating, air-conditioning, or other cooling
				uses.
(21) Illegally constructed
				facility - a well constructed or repaired without the appropriate permit having
				been issued pursuant to Chapter 40A-3, F.A.C., or that is not compliant with
				the requirements of Chapter 40A-3, F.A.C.
(22) Impact offset - the use of reclaimed
				water to reduce or eliminate a harmful impact that has occurred or would
				otherwise occur as a result of other surface water or groundwater withdrawals
				as described in section 2.2.3.3 of the Water Use Permit Applicant's Handbook
				and in subsection  62-40.416(7),
				F.A.C.
(23) Individual Water Use
				Permit - a permit granted by the Governing Board or Executive Director, subject
				to the evaluation and approval of the application pursuant to procedures
				described in Rule  40A-1.203, F.A.C.
(24) Maximum daily withdrawal - the maximum
				volume of water withdrawn or diverted during any consecutive 24 hour period,
				expressed in gallons per day.
(25)
				Maximum monthly withdrawal - the maximum volume of water withdrawn or diverted
				during any given month of the year, expressed in gallons.
(26) Minimum flow - the minimum flow for a
				water course at which further withdrawals would be significantly harmful to the
				water resources or ecology of the area.
(27) Minimum level - the minimum water level
				for groundwater in an aquifer or for a surface water body at which further
				withdrawals would be significantly harmful to the water resources of the
				area.
(28) Non-potable water use -
				water not utilized for domestic use, public water supply or other human
				consumption as defined herein.
(29)
				Reasonable-beneficial use - the use of water in such quantity as is necessary
				for economic and efficient utilization for a purpose and in a manner which is
				both reasonable and consistent with the public interest.
(30) Reclaimed water - as defined in Section
				 373.019, F.S., water that has
				received at least secondary treatment and basic disinfection, and is reused
				after flowing out of a wastewater treatment facility.
(31) Secondary use - use of water by an
				entity, separate from a water supplier (as defined herein), whose source of
				water, in whole or in part, is from a water supplier.
(32) Substitution credit - the use of
				reclaimed water to replace all or a portion of an existing permitted use of
				resource-limited surface water or groundwater, allowing a different user or use
				to initiate a withdrawal or increase its withdrawal from the same
				resource-limited surface water or groundwater source, provided that the
				withdrawal creates no net adverse impact on the limited water resource or
				creates a net positive impact if required by the district rule as part of a
				strategy to protect or recover a water resource, as described in section
				2.2.3.3 of the Water Use Permit Applicant's Handbook.
(33) System - two or more water withdrawal or
				diversion facilities which are derived from or used to serve properties that
				are physically proximate and either share the same infrastructure or are
				operated as a common enterprise.
(34) Water Resource Caution Area - a
				geographic area, officially designated by the Governing Board by rule that is
				experiencing, or is anticipated to experience within the next 20 years,
				critical water resource problems as provided by the criteria identified in
				subsection  40A-2.801(1),
				F.A.C.
(35) Water supplier - an
				entity, such as a water utility or regional water authority, that has obtained
				a water use permit to withdraw water, of which some portion is distributed to
				another entity for a secondary use.
(36) Water use - the use, diversion or
				withdrawal of water regulated under this chapter.
(37) Well casing size - the nominal diameter
				(within 0.5 inch) of the water bearing casing at the upper terminus (e.g.,
				4-inch well casing means casing 4.5 inches outside diameter as a standard
				dimension).
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.171,
					 373.216
					 FS.
New 10-1-82, Amended 5-17-83, 3-1-84, 1-5-86, 8-1-89,
					 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 5-29-14,
					 4-29-15.