Florida Administrative Code

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055 FS. History-New 9-15-81, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055(4) FS. History-New 9-15-81, Repromulgated 3-17-88, Amended 12-21-88, 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055(5) FS. History-New 9-15-81, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055 FS. History-New 9-15-81, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055 FS. History-New 9-15-81, Repromulgated 8-19-92, Repealed 1-19-16.

Rulemaking Authority 287.055(3)(b), 120.53(1) FS. Law Implemented 287.055, 120.53(1) FS. History-New 9-15-81, Amended 3-17-88, 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055(5) FS. History-New 3-17-88, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044 FS. Law Implemented 120.53 FS. History-New 3-17-88, Amended 12-21-88, 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044 FS. Law Implemented 120.57(3) FS. History-New 3-17-88, Amended 8-19-92, 1-29-01, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History-New 9-15-81, Amended 3-17-88, 12-21-88, 10-8-89, 6-17-93, 10-3-95, 1-3-96, 6-22-99, 1-29-01, 5-15-05, 7-7-08, 4-1-10, 10-1-13, Repealed 3-24-14.

(1) A person who is a "lobbyist" as defined in Section 112.3215(1)(h), F.S., may not lobby the Suwannee River 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 Registrat…

The purpose of this Chapter is to implement the provisions of Part II of Chapter 373, F.S., within the Suwannee River Water Management District (District) in a manner consistent with Chapter 62-40, F.A.C. (2025), http://flrules.org/Gateway/reference.asp?No=Ref-18360, hereby incor…

(1) "Alternative Water Supplies" means saltwater; brackish surface and ground water; surface water captured primarily during wet-weather flows; sources made available through the addition of new storage capacity for surface or ground water; water that has been reclaimed after one…

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.116, 373.229, 373.239 FS. History-New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) An individual water use permitting program became effective on October 1, 1982, and has been implemented throughout the District. (2) A general water use permit by rule permitting program became effective on March 24, 2014 and has been implemented throughout the District. Rul…

(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) A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or mo…

The following activities are exempt from the requirements of obtaining water use permits specified in Rule 40B-4.041, F.A.C. No permit is required for: (1) Domestic uses as defined in Section 373.019(6), F.S.; (2) Water used strictly for fire-fighting purposes; (3) Withdrawals ma…

Applications for permits required by this chapter shall be filed with the District and contain the following: (1) The information specified in Section 373.229, F.S.; (2) The appropriate application form incorporated by reference in Rule 40B-2.041, F.A.C., which is available at Di…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109 FS. History-New 10-1-82, Amended 5-1-83, 6-16-88, 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

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

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.233, 373.236 FS. History-New 10-1-82, Amended 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Pursuant to Section 373.236, F.S., the District shall issue permits with 20-year durations when the applicant requests a 20-year duration as part of its permit application and provides reasonable assurance that the District's conditions for permit issuance will be met for 20 …

(1) An application to modify a valid water use permit shall be approved by the Executive Director or their designee without a hearing if all the following are met: (a) The application meets the conditions for issuance in Rule 40B-2.301, F.A.C., that apply to the modification requ…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.171, 373.243 FS. History-New 10-1-82, Amended 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) An applicant requesting to continue all or part of a permitted water use that has changed ownership shall submit a complete Water Use Permit Transfer Form 40B-2.351A, http://www.flrules.org/Gateway/reference.asp?No=Ref-16447, effective March 2024, within 180 days of the acqui…

(1) An application for permit renewal may be made at any time within one year of the expiration date, unless the permittee can show good cause for earlier consideration. All permit renewal applications shall be treated in the same manner as the initial application. (2) All permit…

(1) The Governing Board shall impose such reasonable conditions upon any water use permit as are necessary to assure that the proposed use of water is consistent with the overall objectives, policy, and purpose of the District as set forth in Chapter 373, F.S., and will not be ha…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229, 373.244 FS. History-New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 120.60(5), 373.113, 373.219, 373.244 FS. History-New 10-1-82, Repealed 1-6-10.

Each permit for water use shall be assigned one or more classifications according to the source(s) of supply, method(s) of withdrawal, and use(s) of the water. The classifications shall be as follows: (1) Source of Supply Classes. (a) Surface Water. Withdrawals from surfacewater …

Rulemaking Authority 373.044, 373.129, 373.219(2) FS. Law Implemented 373.043, 373.044 FS. History-New 10-1-82, Repealed 1-6-10.

Rulemaking Authority 373.044, 373.083, 373.119, 373.129, 373.136, 373.219(2) FS. Law Implemented 373.044, 373.119, 373.129, 373.136, 373.243 FS. History-New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171, 373.219, 373.229 FS. Law Implemented 373 Part II FS. History-New 10-1-82, Amended 5-1-83, Repealed 9-7-10.

(1) Chapter 373, Florida Statutes (F.S.), provides for the conservation, protection, management, and control of the waters of the state by the water management districts. Section 373.246, F.S., specifies that each water management district shall formulate a plan for implementatio…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 7-30-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

When used in this chapter: (1) "Even numbered address" means the house address or rural route ending in the numbers 0, 2, 4, 6, 8, or the letters A-M. Post office box numbers are not included. (2) "Even numbered days" means the days whose dates end in the numbers 0, 2, 4, 6 or 8.…

(1) Purpose - This part of the plan generally describes the data collection and analysis activities of the District in anticipation of and during a declared water shortage or water shortage emergency. Monitoring data shall be used to determine: (a) Whether a water shortage or wat…

(1) Current data shall be compared to historical data to determine whether serious harm to the water resources can be expected. (2) Evaluations under this rule shall consider established minimum flows and levels and associated rules regarding implementation of water shortage prov…

(1) In order to protect the water resource from serious harm, the Governing Board shall declare a water shortage for the affected source class, if the District determines there is a possibility that insufficient water will be available within a source class to meet the estimated …

(1) This plan establishes the means and methods to achieve the reduction in overall demand estimated to be necessary to protect water resources from serious harm. The specific reduction means and methods are intended to reduce demand during times of water shortages by increasing …

(1) In implementing water use restrictions, the factors the District shall consider include: (a) The source of the water supply experiencing the shortage; (b) The relative impact of the various categories of water users on the water body for which the shortage is declared; (c) Th…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 7-30-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.129, 373.136, 373.603, 373.609, 373.175, 373.246 FS. History-New 7-30-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 7-30-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Each water user shall be classified according to one or more of the following sources of water: (1) Surfacewater sources: (a) Name of specific surfacewater source; (b) Basin; (c) Sub-basin. (2) Groundwater Sources: (a) Floridan aquifer; (b) Secondary artesian aquifer; (c) Water t…

(1) Each water user shall be classified according to one or more of the following use classes and subclasses of water: (a) Indoor uses, which include water used for indoor personal and household needs, and similar needs at businesses; (b) Essential uses of water for fire fighting…

Each water user shall be identified by one or more of the following method of withdrawal classes: (1) Surface waters: (a) Pump; (b) Gravity flow. (2) Ground waters: (a) Artesian well; (b) Pumped well. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. …

(1) Upon declaration of a water shortage or water shortage emergency, the restrictions presented within this part can be implemented to achieve the desired overall reductions in user demand. The target reduction ultimately chosen during a water shortage will be dependent upon the…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 7-30-06, Repealed 1-19-16.

A Phase II Water Shortage refers to a severe water shortage. The Governing Board shall choose a combination of these and any other appropriate and necessary restrictions to achieve the required reduction in overall demand. (1) Indoor uses shall reduce use by employing water conse…