Southwest Florida Water Management District Rule Development Workshop Water Use Permitting August 22, 2013

Workshop Goals Explain proposed changes to the District’s rules related to water use permitting since the May 2013 Workshop. Answer questions. Receive comments.

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. Consumptive Use Permit Consistency Review Goals

Issues Addressed In District Rulemaking Types of Permits/Permit Thresholds Conditions for Issuance Water Conservation for Public Water Supply Allows an extension of the permit duration if proposed conservation measures outlined in a Standard or Goal Based Conservation 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 Procedure Clarified language pertaining noticing of a permit. 40D Forms and Instructions Deleted Diversion and Impoundment Supplemental Form.

Chapter 40D-2, F.A.C. Consumptive Use of Water 40D Permits Required Changed “use” back to “withdrawal” where appropriate Moved Electrical Power Siting Act uses to exemptions. 40D-2.051Exemptions Included those certified uses defined in 62-17, F.A.C., entitled Electrical Power Plant Siting effective April 14, 1986

Chapter 40D-2, F.A.C. Continued 40D Conditions for Issuance Revised Language to be consistent with other WMDs. (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 water quality impacts from dewatering discharge to receiving waters; 3.Will not cause harmful saline water intrusion or harmful upconing; 4. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and 5.Will not otherwise cause harmful hydrologic alterations to the water resources of the area;

Chapter 40D-2, F.A.C. Continued 40D Modification of Permits Revised language pertaining to the use of forms for a Formal Modification and a Letter Modification.

Chapter 40D-2, F.A.C. Continued 40D Ten Year Compliance Reporting Added previously omitted language to be consistent with CUPCon and other WMDs. Nothing in this subsection shall be construed to alter the District’s authority to reduce permitted withdrawals under circumstances not addressed by this section, nor be construed to alter the water conservation requirements of the permit for the duration of the permit.

Chapter 40D-2, F.A.C. Continued 40D Permit Use Types Removed Diversion and Impoundment.

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

Application Forms and Reporting Forms Application Form Changes Minor revisions to Main Application Form. Minor revisions to Industrial Commercial Supplemental Form B. Minor revisions to Mining and Dewatering Supplemental Form D.

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.

Applicant’s Handbook Part B Changes 1.1 Definitions (h) consumptive use-any use of fresh or saline water whichthat reduces the supply from which it is used, withdrawn or diverted. Also known as withdrawal, withdrawals or water use. (r) harm – when a use, diversion or withdrawal causes adverse impact to an existing legal use of water, offsite land use, water resource or environmental feature associated with the water resource. Also known as harmful, harmful changes, adverse impact or adverse impacts. (bb) permitted facilities -- any groundwater well, surface water intake system, or other artificial water diversion facility which is used to withdraw or divert water from one location. for use at another location. Also known as facility or permitted facilities.

Applicant’s Handbook Part B Changes Modification of WUPS Clarified types of modifications and forms to be used.

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.

Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan Requirements (Standard Water Conservation Plan) Consist of five elements: 1.Water Conservation Public Education Program 2.Outdoor water use reduction program 3.Rate Structure which promotes efficient use 4.Water loss reduction program 5.Indoor water conservation program

Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan Requirements (Goal-Based) Allows the selection of plan elements different than the standard plan which are appropriate to the service area. Include: 1.Water conservation public education program 2.Water loss reduction program 3.Water conservation measures selected and implementation schedule 4.An explanation why the alternative elements are appropriate if Standard Plan elements 2, 3, or 5 are not selected

Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan A public water supply permittee who demonstrates water savings significantly beyond those required in the permitting process that are attributable to water conservation is eligible for a permit extension. Savings significantly beyond means that the permittee has increased water use efficiency to qualify for at least a one-year permit extension. Increases in water use efficiency must be demonstrated through quantifiable methods such as reductions in per capita or per service connection use and replacing outdoor irrigation from traditional public supply sources with irrigation using alternative water sources.

Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan The permittee may request the extension through a letter modification request. The permit extension shall be subject to the following conditions: (a)The permittee must be in compliance with the conditions of its permit. (b) The permittee must demonstrate a need for the conserved water to meet the projected demand for the duration of the extension. (c) 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.

Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan (d) The permittee must demonstrate that increases in efficiency were achieved through water conservation. (e) The specific duration of the extension will be calculated based on the quantity of water saved through conservation and the rate of increased water demand based on projected growth, as calculated at the time of the extension request. The permittee must demonstrate qualification for at least a one year extension.

Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan (f) A permittee may request an extension no sooner than five years after issuance of the original permit, and no more frequently than every five years thereafter. (g) For permits with a duration of five years or less, a permittee may request an extension no sooner than one year prior to the original permit expiration date. (h) 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.

Applicant’s Handbook Part B Specific Changes Public Water Supply Water Conservation Plan (i) 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 pursuant to 40D-2.321(6), F.A.C. (j) A permit having a duration of 10 years pursuant to 40D-2.321(2), F.A.C., shall not be granted a permit extension under this section.

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. Linked FDEP offset language to Net Benefit options in the Water Use Caution Areas (Sections and ) In addition to the requirements in Rule , F.A.C., this section provides additional requirements on the use of substitution credits and impact offsets to achieve a Net Benefit within (SWUCA the Dover/Plant City WUCA)

Applicant’s Handbook Part B Specific Changes 5.2 Special Conditions Deleted example special conditions

Letter Modification Short Form Application Revised application form to include: Permit extensions. Conversion of an existing water conservation plan to a goal based plan.

Schedule Mid August 2013 – Public Workshops Statewide September 6, 2013 – Comments due from final WMD workshops September – DEP and WMDs Review Comments and Revise Rules as Necessary October 2013 – SWFWMD Rule Adoption

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