40D-8.031. Implementation

(1) No Guidance Levels shall be prescribed for any reservoir or other artificial structure which is located entirely within lands owned, leased, or otherwise controlled by the user, and which require water only for filling, replenishing, and maintaining of the water level thereof, provided however:

(a) That Chapter 40D-2, F.A.C., rules shall apply to the use of water for such filling, replenishing, and maintaining of the water level, and

(b) That the High Level, determined pursuant to the procedures set forth in Rule 40D-8.624, F.A.C., may be established for any lake determined by the Board to be in the public interest.

(2) No Guidance Levels shall be prescribed for Lake Manatee in Manatee County, Evers Reservoir in Manatee County, the City of Tampa Reservoir on the Hillsborough River in Hillsborough County, and the Peace River/Manasota Regional Water Supply Authority Reservoir in DeSoto County.

(3) New water use or surface water management activity shall not cause an existing water level or flow to be reduced or suppressed below an established Minimum Flow or Minimum Water Level. The manner in which the Minimum Flows and Minimum Water Levels established in this Chapter 40D-8, F.A.C., are implemented in the District’s Consumptive Use and Environmental Resource Permitting Programs is described in Rule 40D-2.301, F.A.C., and Water Use Permit Applicant’s Handbook Part B, Section 3.9 adopted by reference in Rule 40D-2.091, F.A.C., and Section 3.6.1 of the Environmental Resource Permit Applicant’s Handbook Volume II adopted by reference in Rule 62-330.010, F.A.C.

(4)(a) At the time a Minimum Flow or Minimum Water Level is initially adopted, if the water body is below or is projected to fall within 20 years below, the minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S.

(b) After the initial adoption, when a Minimum Flow or Minimum Water Level is revised, if the water body is below or is projected to fall within 20 years below, the revised minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S., or modify an existing recovery or prevention strategy. The District may adopt the revised Minimum Flow or Minimum Water Level prior to the approval of the recovery or prevention strategy if the revised minimum flow or level is less constraining on existing or projected future consumptive uses.

(c) For water bodies without a prevention or recovery strategy, when the District determines the water body has fallen below, or is projected to fall within 20 years below, an adopted Minimum Flow or Minimum Water Level, the District shall expeditiously approve a recovery or prevention strategy.

(5) Establishment of a Minimum Flow or Minimum Water Level shall not be deemed to supersede or replace any other permitting criteria unless specifically provided for by such permitting criteria nor to be a determination by the Governing Board that any quantity above the established minimum flow or level is available for allocation to consumptive uses. For example, the District may by regulation or order reserve such quantities as it deems necessary pursuant to Section 373.223(3), F.S.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.216, 373.219, 373.223, 373.413, 373.414, 373.416 FS. History–New 6-7-78, Amended 10-16-78, 1-22-79, Formerly 16J-8.03, Amended 3-23-81, 8-7-00, 2-18-08, 5-19-14, 9-27-21.