Rule 62-41.400. Outstanding Florida Springs, Scope of Rules and Definitions

(1) Rules 62-41.400 through 62-41.402, F.A.C., implement section 373.219, F.S. These supplemental rules provide the basis for the evaluation of consumptive uses of water to ensure they are not harmful to an Outstanding Florida Spring or its spring run as defined in subsections 373.802(5) and 373.802(8), F.S.

(2) The phrases “Consumptive Use Permit,” “Consumptive Use Permitting,” and “Consumptive Use Applicants” are synonymous with “Water Use Permit,” “Water Use Permitting,” and “Water Use Applicants,” respectively, as used by agencies implementing Part II of Chapter 373, F.S.

(3) "Agency" or “agencies” means the Department of Environmental Protection and the water management districts as entities with the authority to implement Part II of Chapter 373, F.S.

(4) These supplemental rules shall be utilized as minimum standards in the evaluation of consumptive use permits to ensure they are not harmful to an Outstanding Florida Spring or its spring run. The agencies shall implement these supplemental rules in conjunction with their consumptive use permitting or water use permitting rules upon determination that a proposed water use potentially impacts an Outstanding Florida Spring. The agencies shall update their rules as necessary to be consistent with these minimum standards.

(5) These supplemental rules do not prohibit an agency from adopting a definition of the term “harmful to the water resources” that is more protective of the water resources consistent with local or regional conditions and objectives. 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, 373.802 FS. History–New 6-12-25.