Florida Administrative Code

(1) Procedures for permit applications shall be in accordance with Chapter 120, F.S., and this chapter. (2) For an agricultural or forestry surface water management permit pursuant to paragraph 40A-44.041(2)(b) or (c), F.A.C., or an Individual Water Use Permit pursuant to Rule 40…

(1) The District shall suspend or revoke a permit, in whole or in part, or employ any of the remedial measures authorized by Section 373.439, F.S., when it determines that the permittee or his agent has: (a) Submitted false or inaccurate information on an application, operational…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.244 FS. History-New 10-1-84, Repealed 8-6-13.

(1) Any person may file a written complaint with the District alleging that a person is making a diversion, withdrawal, impoundment, or consumptive use of water not exempt under the provisions of Chapter 373, F.S., and without a permit. (2) The complaint shall specify to the best…

(1) An Order and Notice of Violation shall be served by actual service or certified mail on the alleged violator or violators. The Order and Notice of Violation shall specify the statute, rule, or permit provision alleged to be violated or about to be violated, shall indicate the…

(1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses of…

(1) Upon receipt of a complaint filed pursuant to Rule 40A-1.207, F.A.C., the District shall conduct an investigation and make a determination of probable cause. The District may conduct other investigations and make other probable cause determinations as are authorized or requir…

(1) A person who is a "lobbyist" as defined in Section 112.3215(1)(h), F.S., may not lobby the Northwest Florida Water Management District (the "District") until he or she has registered as a lobbyist with the District. Registration shall be made by completing the "Lobbyist Regis…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219 FS. History-New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98, 5-29-14, Repealed 4-6-26.

(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373.019, F.S. (2) Annual average daily withdrawal - an amount of water that is equal to the total volume of water withdrawn or diverted from all sources during one year divided by 365 days, and exp…

(1) Unless expressly exempted by law or District rule, a water use permit must be obtained from the District prior to any use, withdrawal, or diversion of water. (2) The District issues water use permits in two forms, Individual Water Use Permits and General Water Use Permits. Ge…

No permit is required under Rule 40A-2.041, F.A.C., for water used strictly for domestic use 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. Rulemaking Authority 373.044, 373.113, 3…

(1) General Water Use Permit by Rule. (a) The Board hereby grants a General Water Use Permit for all non-exempt, water uses of water that satisfy the following criteria: 1. Have a cumulative average annual daily withdrawal less than 100,000 gallons per day on an annual basis; 2. …

(1) In order to obtain an individual permit, an applicant shall file with the District a Water Use Permit Application including any necessary supplemental forms and attachments required for the type of permit and the water use(s) for which application is being made. The applicati…

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…