Florida Administrative Code

There shall be a non-refundable water use permit application processing fee according to the following schedule for all new, modification, or renewal applications: Annual Average Daily Withdrawal Processing Fee* Amounts (Gallons) Less than 25,000 gallons per day, average $100.00 …

(1) Except as provided for by an adopted minimum flow or minimum water level, or a prevention or recovery strategy established pursuant to section 373.0421, F.S., at U.S. Geological Survey gauging station No. 02358000, Apalachicola River at Chattahoochee, the magnitude, duration …

(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed water use, on an individual and cumulative basis: (a) Is a reasonable-beneficial use; (b) Will not interfere with any presently existing legal use of water…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.216 FS. History-New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95, 1-1-05, Transferred to 40A-2.061.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.233, 373.216 FS. History-New 10-1-82, Amended 10-1-95, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

The Governing Board or Executive Director shall specify for each water use permit issued (new, modification, or renewal) a specific period of time the permit will be valid. The District shall notify the permit applicant, pursuant to the provisions of Rule 40A-1.203, F.A.C., of th…

(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 th…

(1) A Permittee may request that the District transfer his Individual Water Use Permit to another entity with that entity's consent provided that the Permittee is compliant with the terms and conditions of the permit and that appropriate legal control is maintained. (2) Persons w…

(1) Applications for renewal of Individual Water Use Permits shall be made no earlier than one year prior to the expiration of the permit. Application for a permit renewal is timely only if received by the District not later than the expiration date of the existing permit. (2) Al…

(1) The District shall impose upon any permit issued pursuant to this chapter such reasonable conditions as are necessary to: provide for the monitoring of the authorized use; provide for the use of reclaimed water; provide that the withdrawal and use of water is consistent with …

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219, 373.244 FS. History-New 10-1-82, Amended 1-5-86, 5-31-92, 10-1-95, 1-1-05, Repealed 5-29-14.

Each permit shall be classified according to source and use. The use classification shall be as follows, and the listing does not establish any priority ranking of classes: (1) Agricultural Use - the use of water associated with the irrigation of crops (including biofuel), greenh…

The Governing Board shall implement water shortage declarations pursuant to the provisions of Chapter 40A-21, F.A.C. Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.175, 373.246 FS. History-New 10-1-82, Amended 1-5-86, 5-31-92.

(1) The Governing Board is authorized to declare any portion of the District to be a Water Resource Caution Area. The Governing Board will consider the following criteria when determining whether to designate an area of the district a Water Resource Caution Area: (a) Areas where …

The Governing Board designates the following areas as Water Resource Caution Areas. Designated Water Resource Caution Areas within the District are identified in Figures 2-2 and 2-3. (1) Santa Rosa, Okaloosa, and Walton Counties. The District has determined that the coastal area …

(1) The following forms are used in the implementation of this chapter: (a) Water Use Permit Application, Form No. 160, effective May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03846), and incorporated by reference in Rule 40A-2.101, F.A.C.; (b) Supplemental F…

General areal boundaries for Water Resource Caution Areas and Areas of Resource Concern are established for the implementation of water use permitting pursuant to this chapter and are indicated in Figures 2-1, 2-2, and 2-3. These boundaries are depicted in detail on the following…

(1) Areal boundaries for the Santa Rosa, Okaloosa, and Walton County Water Resource Caution Area encompassing the area south of Eglin Air Force Base as shown in the Santa Rosa County General Highway Map incorporated by reference herein (effective May 2026) (http://flrules.org/Gat…

(1) The procedures herein comprise the District's Water Shortage Plan mandated by Chapter 373.246(1), F.S. The purposes of the plan are to protect the water resources of the District from serious harm; to assure equitable distribution of available water resources among all water …

The Water Shortage Plan consists of the following elements. (1) Part I. General. Part I outlines the general goals and objectives of the District in developing and adopting the Water Shortage Plan and provides definitions for key terms utilized in the plan. (2) Part II. Declaring…

When used in this plan: (1) "Chemigation" means the introduction or application of chemicals (fertilizers, herbicides, fungicides, etc.) through an irrigation system. (2) "Water Use Caution Area" means a geographic area officially designated, by rule or order, by the Governing Bo…

(1) The District shall monitor the condition of the water resources in the District as provided in Rule 40A-21.401, F.A.C. (2) Current data shall be compared to historical data to determine whether the estimated present and anticipated available water supply within any source cla…

(1) The District shall evaluate the condition of the water resources in the District as specified in Rule 40A-21.221, F.A.C. (2) Prior to declaring a water shortage for a source class, the Board may issue a water shortage warning calling for voluntary reductions in use within tha…

This section establishes four phases of water shortage as a function of the estimated percent reduction in overall water use required to protect the water resources from serious harm or to reduce usage such that established management levels are maintained to the greatest extent …

(1) The Board, when appropriate, shall order the specific water use restrictions listed in Part VI for the appropriate water shortage phase for each affected source class. Further, the Board shall order restrictions in addition to those described in Rules 40A-21.621-.651, F.A.C. …

Rulemaking Authority 373.044, 373.113, 373.244, 373.246 FS. Law Implemented 373.175, 373.246 FS. History-New 3-29-92, Repealed 3-27-19.

(1) When a water shortage is declared, or if already declared and a different level of restrictions is imposed, the Governing Board shall cause publication of a notice of declaration or restrictions. The notice shall be published at least once in a prominent place in a newspaper …

(1) The District shall monitor the condition of the water resources of the District and the needs of the users as provided in Rule 40A-21.401, F.A.C., to determine whether a water shortage emergency exists. A water shortage emergency can occur under two situations: first, when sp…

(1) When a water shortage emergency is declared and the Executive Director, with the concurrence of the Governing Board, issues orders imposing restrictions deemed necessary to meet the emergency, such restrictions may include: apportioning, rotating, limiting, or prohibiting the…

(1) When a water shortage emergency is declared or if already declared and more severe restrictions are imposed, the District shall make reasonable effort to inform all users to whom an emergency order is directed of the existence of such order, and all associated restrictions, b…

(1) This section applies to the collection and analysis of data which the District may undertake in anticipation of and during a declared water shortage or water shortage emergency. Data obtained from monitoring efforts may be used to determine: (a) Whether a water shortage warni…

(1) It is the policy of the District to seek the cooperation and assistance of the state, county and municipal governmental officials, and law enforcement officials in the enforcement of the water shortage plan or water shortage emergency or any water shortage order issued pursua…

Unless the emergency provisions of this plan are invoked, water users are regulated by class under the provisions of this water shortage plan. This section establishes the Classification System which provides the basis for distinguishing among different user classes. Under the sy…

(1) Each user may be classified according to ground or surface sources of water as described in Rule 40A-2.501, F.A.C. (2) Those users who are required to obtain a Consumptive Use Permit under the provisions of Chapter 40A-2, F.A.C., will be assigned a source classification at th…

Each water user shall be given one or more of the following use classes regardless of whether the water is self-supplied or provided by a public water supply system. (1) "Aesthetic Use" means the use of water for fountains, waterfalls, and landscape lakes and ponds where such use…

Each water user shall be identified by one or more of the following methods of extraction or withdrawal classes. (1) Surface Waters: (a) Pump, (b) Gravity flow, (c) Siphon. (2) Ground Waters: (a) Flowing artesian well, (b) Pumped well. Rulemaking Authority 373.044, 373.113 FS. La…

(1) Upon declaration of a water shortage or water shortage emergency, the use of water in a manner inconsistent with the restrictions specified in this plan, shall be prohibited. It shall be the duty of each water user to stay informed as to the phase of water shortage and the ap…

A Phase I Water Shortage refers to a moderate shortage, whereby a reduction in overall user demand of up to 15 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, the …

A Phase II Water Shortage refers to a severe shortage, whereby a reduction in overall user demand of up to 30 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety and welfare. In addition to the following restrictions, the Go…

A Phase III Water Shortage refers to an extreme shortage, whereby a reduction in overall user demand of up to 45 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, th…

A Phase IV Water Shortage refers to a critical shortage, whereby a reduction in overall user demand of up to 60 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, the…

(1) The purpose of Chapter 40A-3, F.A.C., is to implement the duties and responsibilities of the District under Part III, Chapter 373, F.S., and those responsibilities and duties delegated to the District by the Department of Environmental Protection relative to regulating the lo…

The following words and phrases, when used in these rules, shall have the following meanings, except where the context clearly indicates a different meaning: (1) "Abandonment" means the act, whether intentional or unintentional, of allowing a well to attain the condition of an ab…

(1) Chapter 62-531, F.A.C., effective 8-7-19, which requires the licensing of water well contractors, is hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11589, a copy can be obtained from District offices upon request. The licensing program …

Rulemaking Authority 373.044, 373.113, 373.171, 373.323, 373.337 FS. Law Implemented 373.323, 373.333, 373.336 FS. History-New 1-9-86, Amended 8-1-89, 12-1-90, 11-1-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Unless expressly exempted by Statute or District rule, a permit must be obtained from the District prior to construction, repair, or abandonment of a well and the well must be constructed, repaired, or abandoned by a licensed water well contractor. Any potable water well prop…

(1) A permit is not required prior to the construction, repair, or abandonment of any well exempted by Sections 373.303(7) and 373.326, F.S. (any well for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; wells for inserti…

(1) There shall be an application fee according to the following schedule, unless the well is a potable well within a delineated area as established by the Department, pursuant to Chapter 62-524, F.A.C.: OUTSIDE DIAMETER FEE* OF CASING Public Supply Wells, Construction and Repair…

(1) The District shall complete action upon any permit application within fourteen (14) days after receipt of a complete application, except in the case of water wells constructed for public water supply systems as defined in subsection 62-532.200(23), F.A.C., and wells construct…

All permits shall be valid for a period of ninety (90) days. If construction, repair or abandonment is not completed within that time, the District shall extend the permit for a period not to exceed ninety (90) days provided the conditions of the original permit application have …