40A-2.331. Modification of Permits

(1) A permittee may seek modification of any terms of an unexpired permit pursuant to Section 373.239, F.S. (2) The District shall modify a permit, or delete or modify any limiting conditions on a permit, to insure the continued reasonable-beneficial use of water or to protect the water resources of the District. (3) Modifications shall be requested by either: (a) Formal application, using the appropriate application forms incorporated in subsection 40A-2.101(1), F.A.C., and including the appropriate fee. Formal modification applications that are made in the last year of the permit term shall be processed as a renewal application with modification, if renewal of the permit is desired by the permittee. Upon request and documentation by the permittee, modification applications that are deemed by the District to be substantial, as described in the Water Use Permit Applicant’s Handbook section 1.4.4.1, shall be processed as a renewal application with modification. A request for formal modification shall be treated as a new application and shall be reviewed in accordance with the rules in effect at the time the modification application is filed. (b) Letter request, on the Water Use Permit Letter Modification Request Form, Form No. 161, effective March 2026, (http://flrules.org/Gateway/reference.asp?No=Ref-18999), which is hereby incorporated by reference into this section and available from the District’s website (nwfwater.com) or from District offices, including a description of the proposed modification and the appropriate fees. Letter requests can be utilized provided that: 1. The proposed modification involves water use of less than 100,000 gallons per day and the permittee establishes that a change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit; 2. The annual average daily withdrawal or diversion will not increase by more than 10% of the total permitted quantity; 3. The total permitted withdrawal or diversion from any surface water body, including the proposed modification, will not exceed 10% of the baseflow or storage volume of the waterbody; 4. The use(s) of the water will not change, except to discontinue and remove any use(s); 5. The source(s) of water will not change, except to add reuse; 6. The modification does not cause the permit to exceed any delegation limits set by the Governing Board for final agency action at staff level; 7. The proposed changes would not cause impacts beyond those considered in the initial permit; 8. The proposed modification will not affect a Reservation of Water identified in Rule 40A-2.223, F.A.C., or affect an established Minimum Flow or Level; 9. The proposed modification will not extend a permit duration, except as provided for in Rule 40A-2.321, F.A.C.; 10. Well replacements must be constructed within the same aquifer unit, be located within 300 feet of the original well, be located at least 300 feet from wetlands, lakes, and springs, and have a pumping capacity less than or equal to the original well; and 11. The proposed modification will not increase permitted water use allocations within an Area of Resource Concern or Water Resource Caution Area. (c) There is no limit to the number of letter modifications that a permittee may request during a permit term, provided that the sum total of the withdrawal or diversion quantity modifications do not exceed the limits specified in paragraph (3)(b) above. (d) A request for modification by letter in accordance with paragraph (3)(b) above need only provide information and meet the conditions for issuance in Rule 40A-2.301, F.A.C., that relate to the modification request, in accordance with Section 373.239(2), F.S. A permit which has expired or which has been revoked shall not be subject to modification. (e) If the District determines that a request for letter modification does not meet the qualifications stated above, the applicant will be informed that the desired changes must be made through the formal modification process. (f) Approval authority for letter modification requests shall rest with the Executive Director and be exercised without a hearing. If a request for a letter modification is not authorized by the Executive Director, the Permittee may, at his discretion, apply for formal modification of the permit. (4) A permittee may apply to extend the permit’s duration through a letter modification request for up to ten years if the permittee proposes a new water supply development or new water resource development project using reclaimed water that meets the advanced waste treatment standards for total nitrogen and total phosphorous as defined in paragraph 403.086(4)(a), F.S. (2025), during the term of its permit which results in the reduction of groundwater or surface water withdrawals or is completed to benefit a waterbody with a minimum flow or minimum water level with an adopted recovery or prevention strategy provided the following conditions are met: (a) The permittee is in compliance with the permittee’s consumptive use permit; and (b) The permittee demonstrates how the quantifiable savings of the source utilized by the permittee associated with the new water supply development or water resource development project either meets water demands beyond the issued permit duration or is completed for the purpose of meeting the requirements of a prevention or recovery strategy established pursuant to Section 373.0421, F.S. (2025); and (c) The permittee demonstrates a reasonable-beneficial water demand for the permit’s allocation through the term of the extension; and (d) The permittee submits a compliance report that contains sufficient data to maintain reasonable assurance that the initial conditions for permit issuance are met at the time of application for the modification. A District-approved compliance report as required under subsection 373.236(4), F.S. (2025), submitted to the District within one year prior to the extension request shall satisfy this requirement; and (e) For water supply development projects, the permit extension shall provide only for the modification of the duration of the permit and shall not be used to change the source of the allocation or increase the quantity; and (f) For water resource development projects, the permit extension shall provide for the modification of the duration of the permit and shall not be used to change the source of the allocation, but may be used to increase the quantity to no more than the new water resource development project offset. Nothing in this paragraph shall be construed to authorize the use of groundwater where otherwise restricted by rule or law; and (g) Multiple permit extensions may be requested to reflect quantifiable potable water offsets that will produce significant water savings over the term of the permit. However, in no case shall the cumulative duration of all extensions exceed ten years from the original permit expiration date; and (h) The specific duration of the extension, with a minimum of one year, shall be calculated based on the following factors: quantity of potable water offsets that will produce significant water savings, quantity of groundwater made available by the development of impact offsets, the duration for which the impact offset as defined in subparagraph 373.250(5)(a)1., F.S. (2025), addresses potential impacts to a minimum flow or minimum water level in prevention or recovery, the project implementation timeframe, and the demonstration of water demand, as calculated at the time of the extension request; and (i) The new water supply or water resource development project has been completed and is operational prior to the extension being granted or will be completed and operational during the term of the original permit; and (j) The permittee provides documentation of the quantification of the amount of potable resources that will be saved through the use of reclaimed water for new water supply development projects, or the offset that will be provided to the source of water utilized by the permittee for new water resource development projects; and (k) The use of the reclaimed water must be in the ownership or control of the entity receiving the extended duration; and (l) A project shall be considered new when implemented during the term of the original permit and after the effective date of this rule.