1. (1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. Notwithstanding, a permittee may seek modification for the sole purpose of modifying the expiration date if it is pursuant to subsection 40D-2.321(5), F.A.C, 40D-2.331(4), F.A.C., or when a public water supply permittee achieves demonstrable savings attributable to implementation of a water conservation plan pursuant to Sections 2.4.8.6 and 2.4.8.7 of the Applicant’s Handbook. A permit expiration date may also be modified upon request and documentation by the permittee, if the modification application is deemed by the District to be substantial, as described in the WUP Applicant’s Handbook Part B Section 1.4.11, (rev. 10/15), resulting in the modification application to ( HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-05856" https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), be processed as a renewal application with modification. A request for modification shall be reviewed in accordance with the rules in effect at the time the modification is filed.

2. (2) Modifications:

   1. (a) Formal Modification – A Formal Modification may be requested through use of an individual application, using the same individual WUP Application Form and applicable Supplemental or Attachment Form(s) submitted for a new permit as incorporated in subsection 40D-2.101(1), F.A.C.; or

   2. (b) Letter Modification – A Letter Modification may be requested through use of a Modification Short Form Application, Form No. LEG-R.035.02 (5/14), ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-03747"
      http://www.flrules.org/Gateway/reference.asp?No=Ref-03747), incorporated herein by reference and available at any District office or through the District’s website at www.WaterMatters.org. A Modification Short Form Application may be submitted, provided the annual average quantities will not increase by more than 100,000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the modification does not cause the total annual average quantities to equal or exceed 500,000 gpd, the proposed changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a permit term unless pursuant to subsection 40D-2.321(5), F.A.C. Within the SWUCA, except to reactivate standby quantities as provided in Section 2.2.4 of the WUP Applicant’s Handbook, a Modification Short Form Application shall not be used for modifications that include a request to Self-Relocate or to increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level.

      A Modification Short Form may be submitted to modify the permit to include or remove a project funded pursuant to Chapter 40D-26, F.A.C., and, if requested by permittee, extend the term of the permit for twenty years. The District shall not reduce permitted quantities conserved by the project funded pursuant to Chapter 40D-26, F.A.C., as long as the permittee operates the project and the conditions for issuance provided for in Chapter 373, F.S. and Chapter 40D-2, F.A.C., are met.

3. (3) The District shall modify any permit if it is shown that the use or disposition of water is detrimental to other water users or to the water resources or no longer meets the conditions for issuance identified in Rule 40D-2.301, F.A.C.

4. (4) A permittee may apply to extend the permit’s duration through a letter modification request for up to ten years if the permittee proposes a new water supply development or new 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), during the term of its permit which results in the reduction of groundwater or surface water withdrawals or is completed to benefit a waterbody with a minimum flow or minimum water level with an adopted recovery or prevention strategy provided the following conditions are met:

   1. (a) The permittee is in compliance with the permittee’s consumptive use permit; and
   2. (b) The permittee demonstrates how the quantifiable savings of the source utilized by the permittee associated with the new water supply development or water resource development project either meets water demands beyond the issued 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 permittee demonstrates a reasonable-beneficial water demand for the permit’s allocation through the term of the extension; and
   4. (d) The permittee submits a compliance report that contains sufficient data to maintain reasonable assurance that the initial conditions for permit issuance are met at the time of application for the modification. A District-approved compliance report as required under subsection 373.236(4), F.S. (2025), within 1 year prior to the extension request shall satisfy this requirement; and
   5. (e) For water supply development projects, the permit extension shall provide only for the modification of the duration of the permit and shall not be used to change the source of the allocation or increase the quantity; and
   6. (f) For water resource development projects, the permit extension shall provide for the modification of the duration of the permit and shall not be used to change the source of the allocation, but may be used to increase the quantity to no more than the new water resource development project offset. Nothing in this paragraph shall be construed to authorize the use of groundwater where otherwise restricted by rule or law; and
   7. (g) Multiple permit extensions may be requested to reflect quantifiable potable water offsets that will produce significant water savings 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; and
   8. (h) The specific duration of the extension, with a minimum of one year, shall be calculated based on the following factors: 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 extension request, and
   9. (i) The new water supply or water resource development project has been completed and is operational prior to the extension being granted or will be completed and operational during the term of the original permit; and
   10. (j) The permittee provides documentation of the quantification of the amount of potable resources that will be saved through the use of reclaimed water for new water supply development projects, or the offset that will be provided to the source of water utilized by the permittee for new water resource development projects; and
   11. (k) The use of the reclaimed water must be in the ownership or control of the entity receiving the extended duration; and
   12. (l) A project shall be considered new when implemented during the term of the original permit and after the effective date of this rule.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.171, 373.219, 373.236, 373.239 FS. History–New 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09, 7-10-13, 5-19-14, 9-29-15, 12-28-25.