1. (1) In order to obtain an individual permit, an applicant shall file with the District a Water Use Permit Application including any necessary supplemental forms and attachments required for the type of permit and the water use(s) for which application is being made. The application shall consist of all completed forms, attachments, the correct application fee identified in Rule 40A-2.201, F.A.C., and other documentation submitted in support of the application, which shall constitute information sufficient to demonstrate that the water use meets the criteria and conditions established in Rule 40A-2.301, F.A.C.
2. (2) The following District forms shall be used to request a new permit or to request renewal or modification of an existing permit. All permit application forms described in this section have been approved by the District Governing Board and are hereby incorporated by reference into this rule. Forms are available from the District’s website (nwfwater.com) or from District offices.

3. (3) All Individual Water Use Permit applications whether for: a new permit; formal modification of an existing permit or renewal of an existing permit, shall be made using the Water Use Permit Application, Form No. 160, effective May 29, 2014, (HYPERLINK "https://www.flrules.org/gateway/reference.asp?NO=Ref-03846"https://www.flrules.org/gateway/reference.asp?NO=Ref-03846). Applicants shall also submit one or more of the following supplemental forms, as appropriate, for each type of water use, as defined in Rule 40A-2.501, F.A.C., being proposed in the permit application:

   1. (a) Supplemental Form A – Agricultural Use, Form No. 160A, effective March 2026,

      (HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18998"http://flrules.org/Gateway/reference.asp?No=Ref-18998).

   2. (b) Supplemental Form B – Industrial/Commercial Use, Form No. 160B, effective May 29, 2014,

      ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03848"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03848).

   3. (c) Supplemental Form C – Landscape/Recreation Use, Form No. 160C, effective April 29, 2015,

      ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-05283" http://www.flrules.org/Gateway/reference.asp?No=Ref-05283).

   4. (d) Supplemental Form D – Mining/Dewatering Use, Form No. 160D, effective May 29, 2014,

      ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03850"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03850).

   5. (e) Supplemental Form E – Public Supply Use, Form No. 160E, effective May 29, 2014,

      ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03851"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03851).

   6. (f) Supplemental Form F – Other Use, Form No. 160F, effective May 29, 2014,

      ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03852"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03852).

   7. (g) Supplemental Form G – Institutional Use, Form No. 160G, effective May 29, 2014,

      ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03853"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03853).

   8. (h) Supplemental Form H – Diversion and Impoundment, Form No. 160H, effective May 29, 2014,

      ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03854"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03854).

   9. (i) All applications for non-potable use shall include reuse feasibility information required per section 2.2.3.1 of the Water Use Permit Applicant’s Handbook. Information from the reuse provider shall be submitted on the Reuse Feasibility Information form, NWFWMD Form No. 174, effective November 1, 2013 ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03261"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03261).
4. (4) Applicants proposing an impact offset through the use of reclaimed water to reduce or eliminate a harmful impact must provide substantiating materials to show that the proposed offset meets the criteria of subsection 62-40.416(7), F.A.C., effective May 6, 2013, ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-04144"
   http://www.flrules.org/Gateway/reference.asp?No=Ref-04144) which is hereby incorporated by reference and can be obtained from the District’s website ( HYPERLINK "http://www.nwfwmd.state.fl.us" nwfwater.com) or from District offices upon request.
5. (5) Applicants proposing the use of a substitution credit derived from the use of reclaimed water must provide substantiating materials to show that what they are proposing meets the criteria of subsection 62-40.416(8), F.A.C., effective May 6, 2013, ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-04144"
   http://www.flrules.org/Gateway/reference.asp?No=Ref-04144) which is hereby incorporated by reference and can be obtained from the District’s website ( HYPERLINK "http://www.nwfwmd.state.fl.us" nwfwater.com) or from District offices upon request.
6. (6) Applicants proposing to use water for supplementation must provide substantiating materials to show that what they are proposing meets the criteria of subsection 62-40.416(9), F.A.C., effective May 3, 2014, ( HYPERLINK "https://www.flrules.org/Gateway/View_notice.asp?id=14527707"
   https://www.flrules.org/Gateway/View_notice.asp?id=14527707).

7. (7) As outlined in Rule 62-41.401, F.A.C., the applicant shall provide reasonable assurance, using the best available information, that there are no adverse impacts caused by the withdrawal or diversion, on an individual or cumulative basis, to the extent that:

   1. (a) The withdrawal or diversion does not induce movement of a contamination plume or alter the rate or direction of the movement of a contamination plume towards an Outstanding Florida Spring or its spring run such that the alteration causes harmful water quality impacts as evidenced by the predicted influence the water withdrawals would have on inducing movement of the contamination plume or as indicated by a sustained increase in background levels in contaminant concentrations.
   2. (b) Dewatering discharges do not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run. Dewatering water must be retained onsite unless the applicant demonstrates it is not technically or environmentally feasible to retain the dewatering water onsite. Applicants who have obtained and are in compliance with a National Pollutant Discharge Elimination System (NPDES) or Environmental Resource Permit (ERP) for dewatering shall be considered to not cause harmful water quality impacts from dewatering discharge to receiving waters.

   3. (c) Withdrawals do not cause an increase in total dissolved solids (TDS) or chloride concentrations that adversely affects an Outstanding Florida Spring or its spring run. Saline water intrusion will not be considered as harmful if it is the result of seasonal fluctuations; or climatic conditions. As part of the consideration of whether the use will cause harmful saline water intrusion or upconing, the following factors must be considered, as applicable:

      1. Whether there is a sustained amount and rate of increase of TDS or chloride concentrations in an Outstanding Florida Spring;

      2. Whether there would be adverse impacts to values or functions of wetlands or other surface waters associated with an Outstanding Florida Spring or its spring run.

   4. (d) Hydrologic alterations to an Outstanding Florida Spring or its spring run resulting from withdrawals do not cause adverse impacts to the aquatic or wetland dependent flora or fauna in the spring or its spring run.

8. (8) To provide reasonable assurance that harm to the water resources will not occur due to the proposed water withdrawal or diversion, the following information shall be submitted as applicable:

   1. (a) An assessment inclusive of any predicted hydrologic alterations to an Outstanding Florida Spring or its spring run caused by the withdrawal or diversion. The assessment will include any predicted changes in hydrology, or changes in aquatic or wetland flora or fauna at an Outstanding Florida Spring or its spring run. An applicant shall only be required to address its relative contribution of harm to an Outstanding Florida Spring or its spring run associated with its water withdrawal.
   2. (b) A summary of any monitoring or modeling analysis performed and electronic copies of any modeling files.
   3. (c) Any additional materials utilized in the analysis to provide reasonable assurance that harm, as defined in Rule 40A-2.301, F.A.C, will not occur due to the withdrawal or diversion, including aerial photographs, topographic maps, hydrologic data, environmental assessments, or other relevant information.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.223, 373.229, 373.250, 403.0877 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-4-10, 10-20-13, 1-15-14, 5-29-14, 4-29-15, 3-5-26.