Florida Administrative Code

Each water user may 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. (c) Infiltration gallery. Rulemaking Authority 373.044, 373.113, 373.171, 373.246…

This rule contains the legal descriptions of the District's surface water use basins listed in Rule 40E-21.631, F.A.C., which the Governing Board will use when issuing a water shortage warning or declaring a water shortage in all or part of the District. (1) Water Conservation Ar…

This part establishes minimum water levels for Lake Istokpoga and the canals within the Indian Prairie Basin, minimum flows for the canals within the Indian Prairie Basin and Arbuckle Creek and Josephine Creek and a permit classification system and water shortage plan for the Lak…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103, 373.175, 373.246 FS. History-New 9-3-81, Formerly 16K-30.02, 40E-21.061, Repealed 6-7-26.

The following minimum levels shall be maintained. (1) Lake Istokpoga. (a) The minimum levels for Lake Istokpoga are shown in Figure 22-2. (b) The District may, after public notice, allow the minimum levels in Figure 22-2 to be temporarily lowered for environmental or water qualit…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.086, 373.103(4) FS. History-New 9-3-81, Formerly 16K-30.04, 16K-30.06, 40E-21.082, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New 9-3-81, Formerly 16K-30.07, 40E-21.112, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Upon notice from the District, water withdrawals under permits having source classification "S' shall be terminated when any of the minimum levels specified in Rule 40E-22.072, F.A.C., is reached. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.086, 373.103(4), 373.…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New 9-3-81, Formerly 16K-30.09, 40E-21.132, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12. PART II LUCIE COUNTY AGRICULTURAL AREA

This part establishes minimum flows and levels for Canals 23, 24 and 25 and a permit classification system for the St. Lucie County Agricultural Area. The rules in this part apply to water withdrawals within the St. Lucie County Agricultural Area and water withdrawals from Canal …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103, 373.175, 373.246 FS. History-New 9-3-81, Formerly 16K-31.02, 40E-21.222, Repealed 6-7-26.

The following minimum levels shall be maintained: CANAL LEVEL (feet above mean sea level) (1) Canal 23 above Structure 97 14.0 (2) Canal 23 between Structure 48 and Structure 97 4.0 (3) Canal 24 above Structure 49 14.0 (4) Canal 25 above Structure 99 14.0 (5) Canal 25 between Str…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.086, 373.103(4) FS. History-New 9-3-81, Formerly 16K-31.03, 40E-21.242, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New 9-3-81, Formerly 16K-31.05, 40E-21.252, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Upon notice from the District, water withdrawals under permits having source classification "S" shall be terminated under the following conditions: (a) For water withdrawals directly from either Canal 23, 24 or 25: when level in the primary canal from which water is being wit…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.086, 373.103(4), 373.246 FS. History-New 9-3-81, Formerly 16K-31.07, 40E-21.272, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12. PART III LAKE OKEECHOBEE REGION

This section identifies water levels within Lake Okeechobee that will be considered by the Governing Board in declaring a water shortage pursuant to Rule 40E-21.231, F.A.C. The rules in this section apply to the withdrawal of surface water from the Lake Okeechobee Region as depic…

This rule shall be applied to the Lake Okeechobee Region described in subsection 40E-21.691(3), F.A.C., and the Brighton Reservation in accordance with the terms of the Seminole Compact. In addition, depending upon particular hydrologic conditions, restrictions imposed under this…

(1) Water shortage trigger levels for Lake Okeechobee are shown on Figure 22-4. When water levels within Lake Okeechobee fall below these trigger levels, the Governing Board may impose water shortage restrictions pursuant to Rules 40E-21.231, 40E-8.441, F.A.C., and this Part. In …

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.103(1), 373.216-.249, 403.064(1) FS. History-New 11-17-91, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History-New 11-17-91, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History-New 11-17-91, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History-New 11-17-91, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History-New 11-17-91, Amended 7-11-96, 4-9-97, 12-10-97, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.216-.249, 403.064(1) FS. History-New 11-17-91, Amended 7-11-96, 4-9-97, 12-10-97, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) This chapter comprises the Mandatory Year-Round Landscape Irrigation Conservation Measures within the boundaries of the South Florida Water Management District (District). These mandatory conservation measures are intended to provide a framework for consistent implementation …

When used in this chapter: (1) "Address" means the "house number" (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lo…

(1) The year-round landscape irrigation conservation measures contained in this chapter are applicable to all users as defined in subsection 40E-24.101(14), F.A.C., including permitted and exempt users under Chapter 40E-2, F.A.C., unless indicated otherwise herein. These conserva…

(1) Local governments that wish to enforce alternative landscape irrigation conservation measures, shall be considered to be in substantial compliance with this rule upon the enactment of an ordinance establishing landscape irrigation measures which achieve water conservation con…

(1) As required by Section 373.609, F.S., each county and city commission, state and county attorney, sheriff, police officer and other appropriate local government official in the region covered by this chapter which is not implementing alternative landscape irrigation conservat…

(1) Users may request relief from the provisions of this chapter by filing a petition for variance or waiver pursuant to Section 120.542, F.S., and Chapter 28-104, F.A.C. Examples of circumstances, which, subject to the above-referenced statute and rule and the provisions below, …

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) The purpose of Chapter 40E-3, F.A.C., is to implement the duties and responsibilities of the South Florida Water Management District (District) under Chapter 373, Part III, F.S., and those responsibilities and duties delegated to the District by the Department of Environmenta…

When used in this chapter: (1) "Annulus" or "Annular Space" means any artificially created void existing between a well casing or liner pipe and a borehole wall, or between two casings, or between tubing and the casing for liner pipes. (2) "Casing Diameter" or "Diameter of Casing…

The authority for general administration of Chapter 40E-3, F.A.C., is delegated to the Executive Director of the District. It is the policy of the Governing Board that in making this delegation the Executive Director is authorized to designate specific staff members to carry out …

The Governing Board hereby incorporates by reference the following documents, which are available at no cost by contacting the South Florida Water Management District Clerk's Office, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6436, or (561)682-6436: (1) "D…

The following Department rules, publications, standards and forms, regarding construction, repair, and abandonment of wells, shall apply to the well contractor licensing program administered by the District, and are incorporated by reference herein. Copies may be obtained by cont…

(1) Applications for a water well contractor license shall be filed with the District on Form 0186, State of Florida Water Well Contractor's License Application (September 2012) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01635), incorporated by reference herein, which i…

The rules in this part relate to the permitting requirements applicable to the construction, repair, or abandonment of wells. Unless expressly exempt by statute or this rule, all wells must be permitted prior to construction, repair, or abandonment and must be constructed, repair…

(1) Unless expressly exempted by statute or District rule, a permit must be obtained from the District or delegated agency prior to the construction, repair, or abandonment of any water well within the District's jurisdiction. (2) No test hole or water test well shall be converte…

(1) The construction, repair, modification, or abandonment of: (a) Up to eight (8) sandpoint irrigation, monitor, recovery, dewatering, or gang wells 4 inches or less in diameter; or, (b) A Class V air conditioning heat pump system consisting of one supply well and one return wel…

(1) The following wells are exempt from Rule 40E-3.041, F.A.C.: (a) Existing wells exempted under Section 373.316, F.S. (b) A well exempted under Section 373.303(7), F.S. (c) A test hole, as defined in subsection 40E-3.021(14), F.A.C. (d) A well classified as a Class I, Class II,…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.313, 373.316, 373.326 FS. History-New 1-1-85, Amended 12-19-89, 7-2-98, 9-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) All applications shall be submitted to the permitting authority, as identified in Rule 40E-3.035, F.A.C., by the owner or by the water well contractor on behalf of the owner. All applications shall be submitted on DEP Form 62-532.900(1), (10-07-10), http://www.flrules.org/Gat…

(1) The applicant shall comply with the applicable provisions of Chapter 373, F.S., and this chapter. (2) A water use permit, if applicable under Chapter 40E-2, F.A.C., must have already been obtained. If a water use permit has not been obtained, an application for a consumptive …

(1) Each permit shall be valid for a period of six (6) months, unless the time limit is extended by the District or delegated agency. (2) Construction, repair, or abandonment of a well shall not commence or continue after the expiration of a permit. (3) Extensions of an existing …

The District or delegated agency may suspend or revoke a permit to construct, repair or abandon a well by written notice to the permittee under any of the following circumstances: (1) Material misstatement or misrepresentation in the application for a permit; (2) Failure to compl…