The Governing Board or Executive Director shall specify for each water use permit issued (new, modification, or renewal) a specific period of time the permit will be valid. The District shall notify the permit applicant, pursuant to the provisions of Rule 40A-1.203, F.A.C., of the recommended duration for the requested permit. The Governing Board or Executive Director is authorized to approve permit durations up to the statutory limits specified in Section 373.236, F.S., provided that the applicant demonstrates reasonable assurance that the proposed use meets the conditions for issuance in Rule 40A-2.301, F.A.C., for the requested duration. Otherwise, the Governing Board or Executive Director is authorized to issue permits for a shorter duration that reflects the period for which such reasonable assurances can be provided. Special duration factors listed in section 1.5.1 of the Water Use Permit Applicant’s Handbook shall be considered in determining permit durations.

1. (1) The District shall extend a permit duration for public water supply utilities which have demonstrated water savings achieved through implementation of a water conservation plan. The definition of a goal-based water conservation plan and the length of the extension will be determined as described in section 2.3.7.8 of the Water Use Permit Applicant’s Handbook.

2. (2) An applicant is eligible for a permit duration of up to thirty years if the applicant proposes a new water supply development or water resource development project using reclaimed water that meets the advanced waste treatment standards for total nitrogen and total phosphorous as defined in paragraph 403.086(4)(a), F.S. (2025), as part of an application for consumptive use, provided the following conditions are met:

   1. (a) The applicant submits sufficient data to provide reasonable assurance that the conditions for permit issuance will be met for the duration of the permit; and
   2. (b) The applicant demonstrates how quanitifiable savings of the source utilized by the applicant associated with the new water supply development or water resource development project either meets water demands beyond a 20-year permit duration or is completed for the purpose of meeting the requirements of a prevention or recovery strategy established pursuant to section 373.0421, F.S. (2025); and
   3. (c) The applicant demonstrates a reasonable-beneficial water demand for the permit’s allocation through the permit duration; and
   4. (d) The specific permit duration shall be calculated based on the following factors: the quantity of potable water offsets that will produce significant water savings, quantity of groundwater made available by the development of impact offsets, the duration for which the impact offset as defined in subparagraph 373.250(5)(a)1., F.S. (2025), addresses potential impacts to a minimum flow or minimum water level in prevention or recovery, the project implementation timeframe, and the demonstration of water demand, as calculated at the time of the application; and
   5. (e) The new water supply or water resource developent project will be completed and operational within the first 20-years of the issued permit duration; and
   6. (f) The applicant provides documentation of the quantification of the amount of potable resources saved through the use of reclaimed water for new water supply development projects, or the offset provided to the source of water utilized by the applicant for new water resource development projects; and
   7. (g) The use of the reclaimed water must be in the ownership or control of the entity receiving the extended duration; and
   8. (h) A project shall be considered new when completed and operational during the term of the permit and after the effective date of this rule.
3. (3) The Governing Board is authorized to grant a permit of lesser duration than those specified above, in order to address special duration factors as described in section 1.5 of the Water Use Permit Applicant’s Handbook or to provide for the protection of the resource or existing legal uses (e.g., insufficient data for long-term authorization) or for other considerations as provided by Section 373.236, F.S.
4. (4) Nothing herein shall preclude or otherwise prevent the Governing Board from terminating, revoking, or temporarily suspending any permit in accordance with these rules or taking such other action as may be provided for in the permit.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.185, 373.219, 373.236 FS. History–New 10-1-82, Amended 5-17-83, 1-5-86, 11-2-92, 7-1-98, 5-29-14, 3-5-26.