Florida Consumptive Use Permits: How Reclaimed Water Credits Affect Developer Withdrawals

Who issues a consumptive use permit in Florida?

One of Florida's five water management districts, depending on where the project sits. They are Northwest Florida, Suwannee River, St. Johns River, Southwest Florida and South Florida. Some districts call it a water use permit. It is the same permit under Part II of Chapter 373, Florida Statutes.

Wastewater and reuse permits come from FDEP, so a typical project deals with two regulators. FDEP's page on water management district reuse programs shows how each district ties reclaimed water into its water supply work.

The districts' rules differ. Confirm your district before you size anything.

Can a district make you use reclaimed water instead of a well?

Yes, for all or part of the proposed use, if reclaimed water is available and feasible. Under section 373.250, Florida Statutes, a district may require reclaimed water in lieu of all or a portion of a proposed groundwater or surface water use.

The statute sets conditions. The reclaimed water must be available. It must be environmentally, economically and technically feasible. And it must be of adequate quality and reliability for your use.

"Available" can be presumed. Section 373.250(3)(a) says reclaimed water may be presumed available when a utility has uncommitted reclaimed capacity and distribution facilities reaching your site. If a purple pipe main runs along your frontage, plan on the district asking why you are not using it.

The statewide rule is stricter in tone. Rule 62-40.416, F.A.C. says reuse or recycling shall be required of water users unless objective evidence shows it is not feasible. The burden sits with the applicant.

What is an impact offset?

It is credit for using reclaimed water to reduce or eliminate a harmful impact from a withdrawal. Section 373.250(5) defines the term, and Rule 62-40.416(7) sets the criteria.

• The applicant proposes the offset, and the allocation is based on the beneficial effect on the resource.
• The offset lasts only as long as the consumptive use permit.
• Offsets are not granted for past actions or for actions under existing permits, unless a permit already authorizes them.

In practice, a developer uses an offset to show that a withdrawal plus a reclaimed water project together do less harm than the withdrawal alone.

What is a substitution credit, and where does it apply?

It is credit for using reclaimed water to replace all or part of an existing permitted use of resource-limited water. Under Rule 62-40.416(8), substitution credits apply where withdrawals are limited, such as by an adopted minimum flow or level or by a district rule.

• The new withdrawal must cause no net adverse impact, or a net positive impact where district rules require it.
• The credit lasts only as long as the consumptive use permit.
• The benefit generally goes to the reuse utility or its designee.
• A credit transfers only as the permit itself can, and under district rules.

The last two points matter for a developer. A credit is usually not yours to bank and sell. Ask the reuse utility and the district who holds it before you count on it.

Does using reclaimed water hurt your access to groundwater later?

The statute says it should not. Section 373.250(4)(a) says reclaimed water users have the same access to ground or surface water as other users in the same class. That matters for a backup well you keep for dry spells or a reclaimed water outage.

The statute also limits the district. It may not tell a reuse utility which customers to serve, unless the utility asks.

How does irrigation demand shape the withdrawal you ask for?

Irrigation is usually the part of demand reclaimed water can replace, so it drives the math. Build the demand from the real landscape plan: irrigated acres, plant types and the local climate, month by month.

Then split it three ways:

1. demand reclaimed water can meet year round;
2. demand it can meet only in some months, because the utility's supply is short or committed;
3. demand that needs potable water, such as indoor use.

The second slice is where projects get caught. The district may expect a supplemental source for it, and that source is the withdrawal in your permit. A monthly water balance shows the district the gap is real and sized right.

If you are building your own reuse system, storage and backup disposal follow FDEP's Chapter 62-610 rules. Our post on Florida's reuse design rules covers storage, setbacks and purple pipe.

What does the local government add?

A development order can carry its own reuse condition. Under section 403.064(13), Florida Statutes, a local government with a reuse program must require a developer to comply with it as a condition of a development order.

So check three places before you set the withdrawal request: the district's rules, the reuse utility's capacity and the city or county reuse program.

Is your Florida project ready to file a consumptive use permit?

If any answer is no, the withdrawal number in your application is still a guess.

1. Do you know which water management district covers the site?
2. Have you asked the nearest reuse utility whether it has uncommitted reclaimed capacity and lines near the site?
3. Do you have a monthly irrigation demand built from the actual landscape plan?
4. Have you split demand into reclaimed, supplemental and potable portions?
5. Do you know whether the city or county reuse program applies to your development order?
6. If you plan to claim an offset or credit, do you know who would hold it?

Take that list to a pre-application meeting with the district. Ask what reclaimed water use they will expect and what evidence they want if you say it is not feasible.

This article is general education on public Florida statutes and rules as of October 2026. Each district applies its own rules and Applicant's Handbook, and the permit for a specific site is the district's call.

Frequently asked questions

Is a consumptive use permit the same as a water use permit?

Yes. The name varies by district. Both are permits under Part II of Chapter 373, Florida Statutes.

Do I need a permit to use reclaimed water itself?

No. Section 373.250(3)(b) says a district may not require a permit for reclaimed water use. It may put conditions about reclaimed water on the permit for your other sources.

Can I sell a substitution credit to another developer?

Usually not on your own. Under Rule 62-40.416(8), the benefit generally goes to the reuse utility or its designee, and a credit transfers only as the permit can.

I'm developing a master planned community in central Florida and the county utility has a reclaimed line a mile away. Will the district assume we can use it?

Possibly. Reclaimed water may be presumed available when the utility has uncommitted capacity and distribution facilities to your site. Ask the utility in writing whether it will extend service, and take that answer to the district.

I'm a Texas engineer helping a client with a Florida golf course. Should we plan on groundwater first and add reuse later?

Florida leans the other way. Rule 62-40.416 requires reuse unless objective evidence shows it is not feasible, and the district may require reclaimed water in place of part of the withdrawal. Treat reuse as the starting point and document any reason it does not work.

Related resources

• FDEP Permitting for Wastewater Systems in Florida: A Practical Guide for Developers
• Florida's Advanced Wastewater Treatment Mandate: What AWT Requirements Near Impaired Waters and Springs Add to a Project's Treatment Design
• Florida Numeric Nutrient Criteria: How the State's Nutrient Limits Reshape Treatment Plant Sizing Versus Texas or Colorado
• Water supply and wastewater due diligence

Sizing a Florida withdrawal around reclaimed water?

We build the water balance, check reclaimed water availability and prepare the engineering behind your district application. Tell us about your site.

We specialize in:

• Water supply and wastewater due diligence
• Water balance and irrigation demand analysis
• Reclaimed water distribution and storage design
• Water engineering in Florida
• Wastewater engineering and permitting
• Site civil engineering for land development

Modern Engineering Solutions, McKinney, Texas. Contact: (214) 833-6748 or mod-eng.com