Statement of Estimated Regulatory Costs for the Dover / Plant City ...

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EXECUTIVE SUMMARYJANUARY 2011 signed over 100 complaints. The proposed methodology relies more on the proportion of frost/freeze quantities permitted to the individual permittee. In a freeze event similar to the January 2010 event under the proposed methodology, it is estimated that the complaints would be spread among 360 permittees and the most complaints assigned to an individual would be 16. This represents a significant reduction in potentially catastrophic costs for smaller and newer growers and more equitably allocates well mitigation among all permittees contributing to the problem. The major components of the proposed rule are as follows. Water Use Permittees and Applicants. All applications for ground water withdrawals for frost / freeze protection inside and outside the DPC WUCA will be evaluated for impacts to the proposed Dover / Plant City Minimum Aquifer Level Protection Zone. However, the existing impacts of permitted quantities on the Minimum Aquifer Level Protection Zone will not be a basis for permit denial because the DPC WUCA Recovery Strategy is intended to achieve recovery to the established minimum level as soon as practicable. Existing Water Use Permittees. Applications for permit renewals or modifications with no proposed increase in permitted quantities or change in Use Type will be evaluated to determine compliance with the conditions for permit issuance set forth in Rule 40D- 2.301, F.A.C., which is not proposed to be changed, and the Water Use Permit Basis of Review in its entirety - as are all permit applications. When evaluating the reasonablebeneficial use of the water, emphasis will be given to reasonable water need, water conservation, use of alternative water supplies, and use of alternative frost/freeze protection methods. As noted above, the existing impacts of permitted quantities on the Minimum Aquifer Level Protection Zone will not be a basis for permit denial because the DPC WUCA Recovery Strategy is intended to achieve recovery to the established minimum level as soon as practicable. 44324-000R4.docx "New Quantities" in the DPC WUCA means groundwater for frost/freeze protection that is not currently authorized to be withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant. This includes applications to modify existing permits to increase quantities, and/or change the Permit Use Type (affecting only the modified portion) and applications for an initial permit but does not include a full or partial transfer. A modification to change crops or plants grown under an Agricultural Permit Use Type Classification or to change withdrawal location or Use Type that is authorized by the terms of the permit or site certification at the time of issuance, is not a change in Permit Use Type provided that the quantities do not increase. In addition, when land is mined and the land will be returned to the Use Type operation authorized under the water use permit (WUP) that existed prior to mining, such activity does not constitute a change in Use Type or New Quantities. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT SERC FOR DOVER / PLANT CITY WUCA RULE Page ES-4 HAZEN AND SAWYER, P.C.
EXECUTIVE SUMMARYJANUARY 2011 Applications for New Quantities. For applications where New Quantities for frost / freeze protection are requested, the resulting drawdown from withdrawals for frost / freeze protection shall not exceed 0.0 ft. at the Dover / Plant City Minimum Aquifer Level Protection Zone. Applications for new ground water quantities for frost / freeze protection inside and outside the DPC WUCA that impact the Minimum Aquifer Level Protection Zone cannot be permitted. The proposed use shall only be permitted if: 1. The proposed groundwater withdrawals do not impact the Minimum Aquifer Level Protection Zone; or, 2. The applicant reduces or redistributes the withdrawals to eliminate any impacts so that the withdrawal can be permitted; or, 3. The applicant demonstrates adequate alternative frost/freeze protection methods for the proposed use to eliminate any impacts so that the withdrawal can be permitted; or, 4. The applicant implements a combination of (2) and (3) that does not result in an impact. Feasibility of Using Frost / Freeze Protection Alternatives to Water. The proposed rule includes a new requirement that certain water use permittees investigate the technical, economic and environmental feasibility of using alternatives to groundwater for frost/freeze crop protection. This feasibility analysis is required of all applicants for permits with at least 100,000 gpd average annual daily water quantities for an activity that typically uses frost / freeze protection and has or proposes to have a groundwater withdrawal with the potential to impact the Minimum Aquifer Level Protection Zone. For the purposes of the DPC WUCA rule, the District considers strawberries, blueberries, nurseries (container and some field), citrus (ridge and flatwood) and tropical fish farms as those activities that typically require frost / freeze protection. Water Withdrawal Metering and Reporting. Metering of water withdrawals at all permitted water withdrawal points and the use of automated meter reading (AMR) devices will be required of permittees in the DPC WUCA with permitted ground water quantities that use or could use water for frost / freeze protection. 44324-000R4.docx For all other individuals and entities with a water use permit for annual average daily ground water quantities greater than or equal to 100,000 gallons per day (gpd) in the DPC WUCA, metering of all water withdrawals, but not the use of AMR devices, will be required under the proposed rule. The primary purpose of the additional withdrawal metering and reporting provisions is to improve the quality, timeliness and accuracy of av- SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT SERC FOR DOVER / PLANT CITY WUCA RULE Page ES-5 HAZEN AND SAWYER, P.C.
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4.0 TRANSACTIONAL COSTS JANUARY 201
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75 33 Number of Complaints 17 12 10
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40D-26.401 Cost-Share Rates. (1) Th
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Statement of Estimated Regulatory Costs for the Dover / Plant City ...

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