Consumptive Use Permitting Consistency
 

CUPcon Rule Development Workshops Underway

As part of the DEP's CUP Consistency Initiative, the Department and Water Management Districts have developed draft rule language to implement the changes. Workshops will be held statewide at each water management district. For more information on workshop schedule and links to draft rules, please view our CUPcon Rulemaking page.

Modification to CUP Consistency Initiative

The Department has modified the proposed schedule for the Consumptive Use Permitting Consistency Initiative (CUPcon). The remaining CUPcon topics that the Department and the Water Management Districts will continue to work on include:

• Types of Permits/Permit Thresholds
• Water Conservation for Public Water Supply
• Reuse
  • Substitution credits
  Impact Offsets
• Administrative Changes
  • Consistent permit application forms
  • Re-organization of applicant’s handbook
  • Make 10-yr compliance report requirements consistent with DEP guidance memo and existing statutes
  • Consistent pumpage reporting forms and other monitoring forms
  • Develop standard “limiting conditions” for permits

The completion of the CUPcon rulemaking will be done by the Water Management Districts and is expected to be completed during Fall 2013. No further rulemaking associated with the CUPcon Initiative is expected to occur.

CUPcon Initiative

The Department of Environmental Protection is leading a statewide effort to improve consistency in the Consumptive/Water Use Permitting Programs implemented by the Water Management Districts. The individual water management district consumptive use permitting rules, while all developed under the authority of Ch. 373, F.S., are inconsistent among the districts. While some of the differences may be based on differing physical and natural characteristics, others are the result of development of separate rules and procedures developed over time. This results in confusion for the regulated public, particularly along the border areas of the districts, and inequitable treatment of similar applicants in different districts. Additionally, the development of separate procedures and rules is costly and inefficient. 

The Department’s goals include:

• Make programs less confusing for applicants, particularly those who work in more than one District;
• Treat applicants equitably statewide;
• Provide consistent protection of the environment;
• Streamline the process; and
• Incentivize behavior that protects water resources, including conservation.

In November and December 2011, the Department held 10 small group meetings around the state. The Department met with stakeholders from the following groups: public water supply, agricultural water use, industrial use, recreational and small commercial self supply, and environmental interests. The stakeholders identified many issues that should be addressed to improving consistency in consumptive use permitting. The Department and the Water Management Districts formed a core team that coordinated CUPcon Issue Workgroups in developing solutions for the issues identified during stakeholder meetings. Changes developed to promote consistency and efficiency will be codified through policy, rulemaking, or legislation as appropriate.
 

Documents

• Issues Identified in Stakeholder Sessions:
  • Public Water Supply Sessions
  • Agriculture Sessions 
  • Environmental Interest Sessions
  • Industry Sessions
  • Recreation/Small Commercial Self Supply Sessions

Presentations

2012

• CUPcon Rulemaking Workshops – August 2012

Workshop Presentations

• FDACS Water Policy Advisory Council, June 8, 2012
  Agriculture: Consumptive Use Permitting Consistency
• Water Alliance Summit, June 6
  Getting the Water Right: Conservation, Conjunctive Use, and Other Good CUPcon Stuff
• Florida Fruit and Vegetable Growers Association, May 31
  Agriculture: Consumptive Use and Environmental Resource Permitting Consistency
• FDAC’s Office of Water Policy SWFWMD Area Meeting, May 17
  Agriculture: Consumptive Use Permitting Consistency
• FDAC’s Office of Water Policy Spring Gathering, May 15
   Agriculture: Water Supply and Consumptive Use Permitting Consistency
• CLE International’s 8th Annual Conference on Florida Water Policy, May 11
  Florida Water Policy & Consumptive Use Permitting
• Reclaimed Water Policy Work Group Meeting, May 2
  CUPcon Update/Overview

2011

• Stakeholder Meetings, November – December
  CUP Consistency Issue Identification Process

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Contacts

Janet Llewellyn
Policy Administrator
850-245-3139

Kathleen P. Greenwood
Environmental Consultant
850-245-3147

Last updated: May 17, 2013