A water use permit (WUP) allows withdrawal of a specified amount of water, either from the ground or from a lake or river.

Water Use Permits

A WUP is a state license to use the ground or surface water natural resources. The Florida Statutes (Chapters 120 and 373) and Florida Administrative Code (Chapters 40D-1 and 40D-2) prescribe rules for applying for one. The applicant submits the application form, all required supplemental information forms, and all required documentation so that the District Water Use Regulation evaluation staff (mostly geologists) can determine if the use of water is reasonable and beneficial, does not impact an existing legal use, and is in the public interest. The responsibility is on the applicant to provide reasonable assurances for this on both an individual and cumulative basis. Chapters 40D-1 and 40D-2 of the Florida Administrative Code and the District’s Water Use Permit Information Manual describes the entire water use permitting process.

Water Use Permit Types

There are three types of WUPs based primarily on the amount of water needed for a year.

Individual: 500,000 gpd or more
General: 100,000 gpd or more, but less than 500,000 gpd (also includes some uses less than 100,000 gpd)
Small general: most uses less than 100,000 gpd

Permit Use

Water use is divided into five use types. Many WUPs are for combinations of these uses. For individual and general WUPs, supplemental information forms for the specific use type must be completed. The five predominant uses are:

Public supply
Industrial or commercial
Mining or dewatering
Recreation or aesthetic
Agriculture

Permit Quantities

Most WUPs have two types of quantities, but some have three.

Annual average* – Sum the gallons needed for a calendar year and divide by 365 days per year for an annual average gallons per day (gpd) total.
Peak month – sum the gallons needed for the month that you expect to be your highest water-use month and divide by the number of days in that month for a gpd per month total.
Crop protection (maximum daily) – If the application is for irrigation of temperature-sensitive crops (such as citrus, strawberries or tropical plants), water is permitted to protect them from frost and freeze damage. This amount may be limited by the 24-hour capacity of the withdrawal point (well or surface water withdrawal pipe). Know how many hours in a row the withdrawal point will likely be pumped during a freeze event, the pump capacity, and how many consecutive days the withdrawal point will likely be used during the freeze.

* In the Southern Water Use Caution Area (SWUCA), irrigation quantities for crops and plants which utilize rainfall to supply part of their irrigation needs are based on average rainfall conditions. A higher amount is given to use during times when there is less than average rainfall. An applicant may use the District’s online irrigation calculation program (AGMOD) to determine quantities for all irrigation needs.

Environmental Resource Permit (ERP) – Before a WUP will be issued for a project that requires both a WUP and an ERP, a completed ERP application must be submitted. Often, the ERP permit takes longer, so plan accordingly.

ERP Requirement Waiver – If your property is located in an area where the WUP may not be granted because of water resource problems, the requirement for a complete ERP application may be waived. This waiver is designed to save you the time and money of getting an ERP only to be denied a WUP. However, if this requirement is waived, and a WUP is issued, a special condition of the WUP will stipulate that no well construction permits will be granted, and no water from existing withdrawal points may be used until the completed ERP application is submitted.

Area of Water Resource Concern – Some withdrawal points for this project may be in an area of water resource concern. If so, please be aware that restrictions may apply.

Water Use Caution Areas (special rules apply):

Dover/Plant City area
Southern Water Use Caution Area, inside the Most Impacted Area
Southern Water Use Caution Area, outside of the Most Impacted Area
Northern Tampa Bay Water Use Caution Area

Areas of Water Resource Concern (general hydrogeologic areas where applicants are known to have difficulty meeting Chapter 40D-2, F.A.C., permitting criteria):

Wellfield Impacted Area (Hillsborough, Pasco and Pinellas counties)
Hillsborough River Groundwater Basin
Upper Peace River Groundwater Basin
Watershed and groundwater basin for the Joshua, Shell and Prairie Creek system
Minimum Flows and Levels (listed in Chapter 40D-8, Florida Administrative Code)

Publications Incorporated by Reference

DEP Landscape Guidance: Models for Ordinances, Covenants, and Restrictions (1/09) (Inc. by reference in 40D-2.091(2)(k) eff. 4/27/10)
DEP Landscape Irrigation & Florida-Friendly Design Standards (12/06) (Inc. by reference in 40D-2.091(2)(l) eff. 4/27/10)
Joint Funding Agreement Between SWFWMD & City of Tampa For Implementation of Recovery projects To Meet Minimum Flows of The Lower Hillsborough River, dated October 19, 2007 (Inc. by reference in 40D-80.073(8)(a) eff. 5/26/10)
UF IFAS Extension Regulations Pertaining to Non-native Fish in Florida (Inc. by reference in 40D-2.091(2)(m) eff. 4/27/10)

Supplemental Information

Flow Meter Calibration Companies - This is not a complete list of flowmeter calibration companies. Please make sure the company you use is certified. (03/22/13)
Irrigation Water Use Permits in the Southern Water Use Caution Area (01/27/2010)
Natural Resources Conservation Service Soil Types (01/27/2010)
Tips About Getting Water Management Permits for Agricultural Operations (01/27/2010)
Explanation of Terms for Crop Reporting Forms - Definitions of terms used on the Crop Reporting forms.
Aquifer Characteristics Within the District (February 2006)

Forms

Some paper forms are still required until the ePermitting transition is complete. Please note: Data typed into these forms cannot be saved using free PDF-reader software. Please print your completed form if you would like a copy for your records. In order to save the form and data, additional software must be purchased.

Except for an application for a Water Use Permit (WUP) for Mining or Dewatering of Materials Other Than Phosphate, all applications for a WUP require submittal of an application form that is dependent upon the water demand annual average quantities requested and one or more attachments (for Small General WUPs) or one or more supplemental forms (for General and Individual WUPs). Choose the appropriate application form and include the appropriate attachment(s) or supplemental form(s). Note, as of October 5, 2009, all applications and attachments except for the Application to Renew a Small General WUP for Agricultural Use are available as online applications.

Application Forms

To renew or modify or apply for a new water use permit

Application (Small General) - Use for quantities less than 100,000 gallons per day (Form LEG-R.027.01; Rule 40D-2.101(2)(c) – Dec 2010)
Application to Renew a Small General Water Use Permit for Agricultural Use - This is only to be used when there are no changes to the existing water use permit. (Form LEG-R.036.01; Rule 40D-2.101(2)(c) – Dec 2010)
Application (General) - Use for quantities of 100,000 to 499,999 gallons per day (Form LEG-R.028.01; 40D-2.101(2)(b) – Dec 2010)
Application (Individual) - Use for quantities of 500,000 gallons per day or greater (Form LEG-R.029.01; Rule 40D-2.101(2)(a) – Dec 2010)
Application for Mining or Dewatering Materials Other Than Phosphate - Pursuant to Rules 40D-2.101(2)(d) and 40D-2.331(2)(a), Florida Administrative Code, applications for Mining and Dewatering for a new or for renewal or modification of an existing Water Use Permit for mining and dewatering uses other than phosphate mining shall be made using this application form.) (Form LEG-R.048.01; Rule 40D-201(2)(d) – August 2011, Applicants for mining and/or dewatering phosphate materials are to call the District for the appropriate application form.)
Modification Short Form (Form LEG-R.035.00; Rule 40D-2.331(2)(b) – March 2009)

To transfer a water use permit

Application to Transfer a Water Use Permit - (read: an important note about permit transfers) (Form LEG-R.002.04; 40D-2.351(1) – April 2009)

Application Attachments and Supplemental Forms

Small General Attachments

These forms are to be completed and included for the appropriate Use Type with all applications WUPs for less than 100,000 gpd (that are also unmetered). Include all that apply.

Small General Water Use Permit Agriculture Attachment (Form LEG-R.037.00; Rule 40D-2.101(2)(c)(1) – March 2009)
Small General Water Use Permit Industrial or Commercial Attachment (Form LEG-R.038.00; 40D-2.101(2)(c)(2) – March 2009)
Small General Water Use Permit Recreation or Aesthetic Attachment (Form LEG-R.039.00; 40D-2.101(2)(c)(3) – March 2009)
Small General Water Use Permit Public Supply - Note, this attachment can be used for applicants for public supply for less than 100,000 gpd on an annual average basis when the permit is metered. (Form LEG-R.045.00; Rule 40D-2.101(2)(c) – Dec. 2009)

General/individual Supplemental Forms

These forms are to be completed and included for the appropriate use type with all applications WUPs for more than 100,000 gpd. Include all that apply.

Application Supplemental Forms – Agriculture - This form is to be completed for General and Individual Water Use Permit Applications that have an agricultural component to the water demand. (Form LEG-R.030.01; Rule 40D-2.101(2)(a)1 – Dec 2010)
Application Supplemental Forms – Industrial or Commercial (Form LEG-R.031.00; Rule 40D-2.101(2)(a)2 – March 2009)
Application Supplemental Forms – Public Supply - Note, applications for public supply for annual average quantites less than 100,000 gpd that are currently required to submit meter readings are classified as a General Water User Permit. However, the Small General Public Supply Attachment (above) may be substituted for this supplemental form. (Form LEG-R.033.01; Rule 40D-2.101(2)(a)4 – Sept. 2009)
Application Supplemental Forms – Recreation or Aesthetic (Form LEG-R.034.00; 40D-2.101(2)(a)5 – March 2009)

Dover/Plant City Water Use Caution Area Supplemental Forms

These forms are to be included with applications for a WUP in the Dover/Plant City Water Use Caution Area. Include as specified.

Dover/Plant City Water Use Caution Area Supplemental Form - Other than applicants to renew their water use permit (WUP) with no changes, or applicants for partial or full transfer of a WUP, this form must be completed by any water use permit (WUP) applicant that has at least one withdrawal point located in the Dover/Plant City Water Use Caution Area. (Form – R.050.01; Rule 40D-2.101(7) – August 2011)
Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area - This form must be completed by all water use permit (WUP) applicants in the Dover/Plant City Water Use Caution Area who have submitted an application for New Quantities that impact the Minimum Aquifer Level Protection Zone. (Form –R.051.00; Rule 40D-2.101(7) – Dec 2010)

SWUCA Supplement Forms

These forms are to be included with applications for a WUP in the Southern Water Use Caution Area. Include as specified.

Southern Water Use Caution Area Supplemental Form - This is to be included on all applications for a General or Individual Water Use Permit. It is an interactive form. (Form LEG-R.007.02; Rule 40D-2.101(6) – April 2009)
SWUCA Ground Water Replacement Credit Application Form - This form is to be included in applications that use a special type of Net Benefit. Refer to the Water Use Permit Information Manual, Part B. (Form LEG-R.011.02- August 2011)
SWUCA Net Benefit Supplemental Form - This form is to be included in applications that use a Net Benefit other than ground water replacement. Refer to the Water Use Permit Information Manual, Part B. (Form LEG-R.010.01 – April 2009)

Reporting Forms

Limited Waiver of 90-Day Time Limit (42.01-035, April 20, 2012)
Public Supply Annual Report - Use for the Submission of Public Supply Annual Water Use for a General Water Use Permit For Less Than 100,000 GPD Annual Average Quantities (Form LEG-R.047.00 (09/09); Rule 40D-2.091(2)(j), F.A.C.)
Crop Protection WUP Report Form - (formerly Frost-Freeze Report Form) (WUP-18 – December 2009)
Irrigation Water Use Form – Seasonal – NTBWUCA - Only for use in the Northern Tampa Bay Water Use Caution Area (Form LEG-R.024.00; Rule 40D-2.091(2)(f) – April 2009)
Irrigation Water Use Form – Annual – NTBWUCA - Only for use in the Northern Tampa Bay Water Use Caution Area (Form LEG-R.025.00; Rule 40D-2.091(2)(g) – April 2009)
Applicant Transmittal Form for Submittal of Additional Information (LEG-R.046.00; Rule 40D-1.6051(1) – June 2009)
Agricultural Water Allotment - Use this form to request inch/acre per season data on crop and plant types. (Form LEG-R.042.00; 40D-2.101(5)(b) – April 2009)
Flow Meter Accuracy Verification Form (Form LEG-R.021.01; Rule 40D-2.091(2)(a) – April 2009)
Blanket Waiver of 90-Day Time Limit (42.00-36 – September 1998)
Limited Waiver of 90-Day Time Limit (42.01-35 – April 20, 2012)
Public Supply Annual Report Form - Use for submission of the Public Supply Annual Report for Public Supply water use permits for annual average quantities of 100,000 gpd or more. ((Form LEG-R.023.00 (09/09); Rule 40D-2.091(2)(h)))
Annual Reclaimed Water Supplier Report Form (Form LEG-R.026.00; Rule 40D-2.091(2)(i), F.A.C.)
Irrigation Water Use Forms for the SWUCA - Irrigation Water Use Forms for the Southern Water Use Caution Area (SWUCA) are not available online. Call the Service Office that administers your permit for additional copies.