Division of Administrative Hearings, Florida
Filed: Oct. 14, 1994
The primary issue in these consolidated cases is whether the proposed Southern Water Use Caution Area ("SWUCA") rules of the Southwest Florida Water Management District (the "District") constitute an invalid exercise of delegated legislative authority. Also at issue in the proceedings is the validity of certain portions of the District's existing water use permitting rules contained in Chapter 40D-2, Florida Administrative Code ("F.A.C."), and the "Basis of Review for Water Use Permit Applications" that the District has adopted by reference in Rule 40D-2.091, F.A.C. Finally, certain policies allegedly utilized by the District in its water use permitting program have been challenged as unpromulgated rules in contravention of Section 120.535, Florida Statutes (1993) ("F.S.").Prop method for calculating min aquifer levels were scientif and statistically sound. Prop method of applying min level was invalid. Existing water use permit rules set forth approp consid but vague. Computer method used as screening tool consti a rule
