Section 40D-3.045 - Water Use Permit Required(1) Permits for construction, repair, modification or abandonment of wells for which an individual water use permit is required under Chapter 40D-2, F.A.C., shall not be issued prior to issuance of the water use permit authorizing such water use withdrawals.(2) Notwithstanding the provisions of subsection (1), above, the District shall issue permits for construction, repair or modification of any well when: (a) The well to be constructed, repaired, or modified is to be used for aquifer testing, hydrologic monitoring, water quality monitoring, or otherwise for the purpose of gathering hydrogeologic data; or(b) The applicant demonstrates that a compelling need exists to commence construction, repair or modification of the well while an application for a water use permit is pending; and1. The Applicant has filed an application for Water Use Permit including all information required by Rule 40D-2.101, F.A.C., and the application has been deemed complete; and2. It appears that the proposed use of water represented in the pending complete Water Use Permit application is a reasonable and beneficial use, will not interfere with any presently existing legal use of water, and is consistent with the public interest.(c) The applicant agrees to all conditions attached to the well permit.(3) The District is under no obligation to issue a water use permit merely because construction, repair or modification of a well has been authorized.Fla. Admin. Code Ann. R. 40D-3.045
Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.309 FS.
New 7-1-90, Amended 9-30-91, 12-31-92, 3-30-93, 8-10-93, Amended by Florida Register Volume 41, Number 126, June 30, 2015 effective 7/12/2015.New 7-1-90, Amended 9-30-91, 12-31-92, 3-30-93, 8-10-93, 7-12-15.