40E-10.061. Water Reservation Areas: Lower East Coast Planning Area

(1) Nearshore Central Biscayne Bay as defined in subsection 40E-10.021(6), F.A.C.:

All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1).

(2) Surface water flowing into Nearshore Central Biscayne Bay as identified below is reserved from allocation:

(a) Surface water flows depicted on Figures 3-2.A and 3-2.B through S-123 derived from the following contributing canal reaches:

1. The C-100A canal upstream of S-123 to S-120 including all integrated conveyance canals.

2. The C-100C canal upstream of S-123 to S-119 including all integrated conveyance canals.

3. The C-100B canal upstream of S-123 to S-122 including all integrated conveyance canals.

4. The C-100 canal upstream of S-123 to S-118 including all integrated conveyance canals.

(b) Surface water flows depicted on Figures 3-3.A and 3-3.B through S-21 derived from the following contributing canal reaches:

1. The L-31E borrow canal upstream of S-21 to the canal terminus.

2. The C-1 canal upstream of S-21 to S-122 and S-149 including all integrated conveyance canals.

3. The C-1 canal upstream of S-21 to the C-1W canal and S-338 including all integrated conveyance canals.

(c) Surface water flows depicted on Figures 3-4.A and 3-4.B which is the combined flow through S-21A, S-20G, and S-20F as derived from the following contributing canal reaches:

1. The C-102 canal connecting to the C-102 N canal upstream of S-21A to S-195.

2. The C-102 canal upstream of S-21A to S-165.

3. The L-31E borrow canal upstream of S-21A to its terminus near S-21 including the Gould’s Canal.

4. The L-31E borrow canal upstream of S-21A south to S-20G.

5. The Military canal upstream of S-20G.

6. The C-103 canal upstream of S-20F to S-179.

7. The L-31E borrow canal upstream of S-20F to S-20G including all integrated conveyance canals.

8. The L-31E borrow canal from S-20F south to the North Canal.

9. The North Canal.

10. The L-31E borrow canal from S-20F south to the Florida City Canal.

11. The Florida City Canal from Southwest 107th Avenue to its confluence with the L-31E borrow canal.

Reservations contained in the section shall be reviewed in light of changed conditions or new information.

(3) EAA Reservoir:

(a) All surface water released, via operation, from the EAA Reservoir that is directed to the Lower East Coast Everglades Waterbodies through Structures S-624, S-625, and S-626 (see Figure 3-6) is reserved from allocation.

(b) The water prospectively reserved under this subsection is not available for fish and wildlife until the Governing Board makes a formal determination, pursuant to state and federal law, that the EAA Reservoir is operational.

(c) Within 90 days of approval of the Final Project Operating Manual or Final System Operating Manual for the EAA Reservoir, the District shall publish a Notice of Rule Development to revise the reservation contained in paragraph 40E-10.061(3)(a), F.A.C., above, and criteria in Section 3.11.6 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C. Said rulemaking must result in an adopted rule that is in effect, unless subject to legal proceedings or legislative ratification, within two years of publication of the Notice of Rule Development and before the EAA Reservoir is deemed operational pursuant to paragraph 40E-10.061(3)(b), F.A.C., above.

(d) The reservation contained in paragraph 40E-10.061(3)(a), F.A.C., above, and the criteria contained in Section 3.11.6 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District” (Applicant’s Handbook), incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised in light of changed conditions or new information.

(e) Water released from the EAA Reservoir through structure S-628 is not reserved.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-21-13, Amended 3-15-17, 1-31-21.
Editor’s Note: Please see the Word document for Chapter 40E-10 for the inclusion of the appendices referenced in the above rule text.