40E-2.091 Publications Incorporated by Reference.

(1) The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – September 2001  October 1997,” is hereby published by reference and incorporated into this chapter.

(2) No change.

Specific Authority 373.044, 373.113, 373.171 FS.

Law Implemented 373.042, 373.0421, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239 FS.

History - New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01.

40E-2.301 Conditions for Issuance of Permits.

(1) In order to obtain a permit, permit renewal, or permit modification under this chapter, an applicant must give reasonable assurances that the proposed water use at the time the permit application is deemed complete:

(a) Will not cause significant saline water intrusion;

(b) Will not adversely impact offsite land uses;

(c) Will not cause adverse environmental impacts;

(d) Will not cause pollution of the water resources;

(e) Is otherwise a reasonable-beneficial use as defined in subsection 373.019(4), Florida Statutes, with consideration given to the factors set forth in Subsection Rule 62-40.410, F.A.C. 17-40.401(2);

(f) Will not interfere with presently existing legal uses;

(g) Is in accordance with the Water Resource Implementation Rule State Water Policy on water transport pursuant to Rule 62-40.422, F.A.C. 17-40.402;

(h) Makes use of a reclaimed water source unless the applicant, in any geographic location, demonstrates that its use is either not economically, environmentally or technically feasible; or in areas not designated as Critical Water Supply Problem Areas pursuant to Chapter 40E-23, F.A.C., the applicant demonstrates reclaimed water is not readily available;

(i) Meets the established minimum flows and levels and implementation provisions in Chapter 373, F.S., this Chapter and Chapter 40E-8, F.A.C.; and

(j)(i) Is consistent with Sections 373.016, 373.036, Florida Statutes, and otherwise is consistent with the public interest as prescribed by Chapter 373 and this Chapter.

(2) In order to satisfy the conditions for permit issuance in subsection (1), the permit applicant must provide reasonable assurances that the criteria in the "Basis of Review for Water Use Permit Applications within the South Florida Water Management District — September 2001 October 1997", incorporated by reference in Subsection Rule 40E-2.091(1), are met.

Specific Authority 373.044, 373.113, 373.171 FS.

Law Implemented 373.023, 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.236 FS.

History — New 9-3-81, Formerly 16K-2.035(2), Amended 2-24-85, 1-4-93, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 9-10-01.

40E-2.381 Limiting Conditions.

The Board shall impose on any permit granted under this part such reasonable standard and special permit conditions as are necessary to assure that the permitted use or withdrawal will be consistent with the overall objectives of the District, will not be harmful to the water resources of the District, is reasonable-beneficial, will not interfere with any presently existing legal uses, and is consistent with the public interest. Standard permit conditions in Section 5.1 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – September 2001 October 1997, incorporated by reference in Rule 40E-2.091(1) shall be set forth in the permit. Special permit conditions, including those specified in Section 5.2 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – September October 1997, shall be set forth in the permit.

Specific Authority 373.044, 373.113, 373.171 FS.

Law Implemented 373.042, 373.0421, 373.219(1) FS.

History - New 9-3-81, Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97,

12-10-97, 9-10-01.