1. (1) No permit issued by the agencies for the consumptive use of water shall authorize groundwater withdrawals that are harmful to the water resources as provided in paragraph (3)(g), and each permittee shall meet the criteria established in Rule 62-41.401, F.A.C.

2. (2) In order to prevent groundwater withdrawals that are harmful to an Outstanding Florida Spring, an applicant seeking a consumptive use permit, renewal, or modification, whose withdrawal potentially impacts an Outstanding Florida Spring or its spring run must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:

   1. (a) Is a reasonable-beneficial use;
   2. (b) Will not interfere with any presently existing legal use of water; and
   3. (c) Is consistent with the public interest.

3. (3) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

   1. (a) Is a quantity that is necessary for economic and efficient use;
   2. (b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;
   3. (c) Will utilize a water source that is suitable for the consumptive use;
   4. (d) Will utilize a water source that is capable of producing the requested amount;

   5. (e) Will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible, except for the following agricultural water uses:

      1. Water used for washing hands during and after harvest activities;

      2. Water that is applied in any manner that directly contacts produce during or after harvest activities (for example, water applied for washing or cooling); and

      3. Water used to make ice that directly contacts produce during or after harvest activities.

   6. (f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;

   7. (g) Will not cause harm to an Outstanding Florida Spring or its spring run a in any of the following ways:

      1. Will not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run resulting from the withdrawal or diversion;

      2. Will not cause harmful water quality impacts from dewatering discharge to an Outstanding Florida Spring or its spring run;

      3. Will not cause harmful saline water intrusion or harmful upconing to an Outstanding Florida Spring or its spring run;

      4. Will not cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run; and

      5. Will not otherwise cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run;

   8. (h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and
   9. (i) Will not use water reserved pursuant to subsection 373.223(4), F.S.

Rulemaking Authority 373.016, 373.026, 373.0421, 373.043, 373.171, 373.216, 373.217, 373.219, 373.223, 373.2234, 373.801, 373.802, 373.813 FS. Law Implemented 373.219, 373.223 FS. History–New 6-12-25.