Southwest Florida Water Management District Rule Development Workshop Water Use Permitting May 2013

CUP rules in each WMD are based on same statute, but have developed differently over time. Confusing for applicants. Problematic at borders between Districts. Why Consumptive Use Permitting Consistency?

Make program less confusing for applicants, particularly those who work in more than one District. Treat applicants equitably statewide. Consistent protection of the environment. Streamline the process. Incentivize behavior that protects water resources, including conservation. Consistency Goals

10 Initial Stakeholder Meetings - Nov/Dec DEP Guidance Memos 10 CUPcon Rule Workshops Aug/Sept Ch , F.A.C. Rule Workshop. Adopted Amendments to Ch , F.A.C Stakeholders informed through DEP Website and distributions CUPcon What Has Been Accomplished

Issues Addressed In Rulemaking Types of Permits and Thresholds Conditions for Issuance Water Conservation for Public Water Supply Allows an extension of the permit duration if conservation measures outlined in a Goal Based Plan are achieved Reuse Substitution Credits Impact Offsets Administrative Changes Permit Application Forms Re-organization of Applicant’s Handbook (Basis of Review) 10-yr Compliance Reports Pumpage Reporting Forms and other Monitoring Forms Standard “Limiting Conditions” for Permits

Chapter 40D-1, F.A.C. Procedural 40D Permit Application Procedures Revised language to be consistent with permits being either General Permits by Rule or Individual Permits. 40D Permit Processing Fee Amended fee language to be consistent with permits being either General Permits by Rule or Individual Permits. Fees still based on quantities and permit duration. No increase in existing fees. 40D Forms and Instructions Updated form references

Chapter 40D-2, F.A.C. Consumptive Use of Water 40D Definitions Updated Definitions. 40D Permits Required Revised language to include two types of permits: Permit criteria has not changed. 40D Exemptions Only domestic consumptive use is included all other uses are a General Permit by Rule. 40D Publications and Forms Incorporated by Reference Updated form references

Chapter 40D-2, F.A.C. 40D Conditions for Issuance. Revised Language to be consistent with other WMDs. (1) To obtain an individual WUP, 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 legal use of water; and (c) Is consistent with the public interest. (2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use: (a) Is a quantity that is necessary for economic and efficient use; (b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest; (c) Will utilize a water source that is suitable for the consumptive use; (d) Will utilize a water source that is capable of producing the requested amount; (e) Except when the use is for human food preparation or direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible;

Chapter 40D-2, F.A.C. 40D Conditions for Issuance (f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations; (g) Will not cause harm to the water resources of the area in any of the following ways: 1. Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion; 2. Will not cause harmful saline water intrusion or harmful upconing; 3. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and 4. Will not otherwise cause harmful hydrologic alterations to the water resources of the area; (h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections and , F.S.; and (i) Will not use water reserved pursuant to Subsection (4), F.S.

Chapter 40D-2, F.A.C. 40D Ten Year Compliance Reporting Revised language to be consistent with CUPCon and other WMDs. Report to include sufficient information to maintain reasonable assurance that the permittee’s use can continue to meet the conditions for issuance set forth in the rules existing when the District issued the permit. Only reduce the permitted allocation when there is no reasonable likelihood that the allocation will be needed during the permit term. To incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted allocation will not be modified by the District.

Chapter 40D-2, F.A.C. Continued 40D Standard Conditions Revised language to be consistent with other WMDs. Maintained WUCA and other SWF specific Standard Permit Conditions.

Chapter 40D-2, F.A.C. Continued 40D Permit Use Types Revised to be consistent with other WMDs (1) Public Supply Use, (2) Landscape/Recreation or Aesthetic Use, (3) No change (4) Industrial/ or Commercial Use, and (5) Mining/ or Dewatering Use,. (6) Other Use, (7) Institutional Use, and (8) Diversion and Impoundment.

Chapter 40D-8, 21, and 80, F.A.C. Revised language to update reference to Applicant’s Handbook Part B.

Application and Reporting Forms Application Form Changes Revised Main Application Form. Revised Agricultural Supplemental Form A. Revised Industrial Commercial Supplemental Form B. Revised Landscape Recreational Supplemental Form C. Revised Mining and Dewatering Supplemental Form D. Revised Other Supplemental Form F. Revised Institutional Supplemental Form G New Diversion and Impoundment Supplemental Form H Reporting Form Changes Flow Meter Accuracy Report Form. Water Use-Pumpage Report Form. Crop Protection Report Form. Water Quality Report Form. Annual Crop Summary Report Form (Non SWUCA). Will be proposing conforming changes to existing forms not listed above.

Basis of Review Applicant’s Handbook Part B Changes Re-organization of Applicant’s Handbook Part B to be consistent with other WMDs. Updated definitions and acronyms. Clarified existing rule language. Revised Public Water Supply Water Conservation language to be consistent with other WMDs. Included Reuse Language (substitution Credits and Impact Offsets) to be consistent with other WMDs.

Basis of Review Applicant’s Handbook Part B Specific Changes Impact Offset Language: Applicants proposing an impact offset (Chapter (7), F.A.C.) or substitution credit (Chapter (8), F.A.C.) must demonstrate that the conditions for permit issuance are met in part, through the submittal of assessments described within this Chapter.

Basis of Review Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan Requirements In addition to per capita requirements and any required conservation measures pursuant to an applicable adopted minimum flow and level recovery or prevention strategy, all Applicants for public supply shall implement either a standard water conservation plan or a goal-based water conservation plan. The proposed water conservation standard plan or goal-based plan shall allow no reduction in and increase where possible, utility specific water conservation effectiveness over current programs.

Basis of Review Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan Requirements A Standard Water Conservation Plan The elements and implementation schedule for a standard water conservation plan shall be developed by the Applicant and must be reviewed and approved by the District as part of the issuance or renewal of a WUP, or any modification of a WUP involving an increase in the permitted allocation or a change to the previously approved conservation plan.

Basis of Review Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan Requirements B Goal-Based Water Conservation Plan A public water supply Applicant may, propose a goal-based water conservation plan in lieu of a standard water conservation plan. The elements and implementation schedule for a goal- based water conservation plan shall be developed by the Applicant and must be reviewed and approved by the District as part of the issuance or renewal of a public water supply permit, or modifications of a public water supply permit involving an increase in the permitted allocation or a change to the previously approved conservation plan.

Basis of Review Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan Requirements B.1 A Permittee electing to implement a goal-based conservation plan who achieves demonstrable savings attributable to water conservation, and is in compliance with the conditions of the permit, shall be eligible for a permit extensio n.

Basis of Review Applicant’s Handbook Part B Specific Changes B.1 Public Water Supply Water Conservation Plan Requirements The permit extension shall provide only for the modification of the duration of the permit and shall not be used to increase the quantity of the allocation. The permit extension shall be subject to the following conditions: (a) Greater than ten years; a public water supply Permittee may request an extension no sooner than ten years prior to the original permit expiration date. (b)Ten years or less; a public water supply Permittee may request an extension no sooner than two years prior to the original permit expiration date.

Basis of Review Applicant’s Handbook Part B Specific Changes (c) Permittee must demonstrate, that water savings were achieved through conservation, and not as a result of demographic or economic changes or significant end user changes unrelated to conservation. (d) The specific duration of the extension will be calculated based on the quantity of water saved through conservation and the length of time such quantity can meet the projected demand, as calculated at the time of the extension request. The Permittee must demonstrate qualification for at least a one year extension. (e) Multiple permit extensions may be requested to reflect additional water saved over the term of the permit. However, in no case shall the cumulative duration of all extensions exceed ten years from the original permit expiration date.

Basis of Review Applicant’s Handbook Part B Specific Changes (f) Wholesale public supply permits shall not be granted a permit extension under this section that exceeds the expiration date of the supplier's permit that provides the majority of the supply to the wholesale public supply permit. (g)A permit having a duration of 10 years pursuant to 40D (2), shall not be granted a permit extension under this section Permits that have actual water conserved or there is economic conditions or variations due to population growth rate shall not be modified.

Basis of Review Applicant’s Handbook Part B Specific Changes 5.1 Standard Conditions Revised to be consistent with other WMDs Maintain conditions specific to the SWFWMD and WUCAs

Schedule May 2013 – 12 Public Workshops Statewide June 2013 – Comments due June 6 June - July, 2013 – DEP and WMDs Review Comments and Revise Rules as Necessary Fall 2013 – Rule Adoption

Providing Comments We appreciate your written comments. Please submit by June 6, 2013 to Comments sent to this address are delivered to all 5 Water Management Districts and DEP