The purpose of this rulemaking is to correct drafting errors in Rule 40D-8.624. The effect of the rule is to support the District’s water supply planning, water use permitting, and environmental resource permitting programs.

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-8.624Guidance and Minimum Levels for Lakes

PURPOSE AND EFFECT: The purpose of this rulemaking is to correct drafting errors in Rule 40D-8.624, F.A.C. The effect of the rule is to support the District’s water supply planning, water use permitting, and environmental resource permitting programs.

SUMMARY: Section 373.042, F.S., requires the District to establish minimum flows and levels for lakes, wetlands, rivers and aquifers within the District’s boundaries. Over time, errors have occurred in Tables 8-2 and 8-3 of the rule. This rulemaking is necessary to correct those errors, as follows:

 

1. Revise Table 8-2 to add the lake category (CAT) associated with the High Minimum and Minimum Lake Levels for Lake Aurora and Lake Easy;

2. Delete Lake Raleigh and associated Guidance Levels from Table 8-3. The Guidance Levels for Lake Raleigh in Table 8-3 were previously replaced by more recent Minimum and Guidance Levels in Table 8-2;

3. Delete Lake Rogers and “No Levels Recommended” from Table 8-3. Minimum and Guidance Levels that were developed in more recent assessments for Lake Rogers exist in Table 8-2;

4. Delete lakes Bonable, Little Bonable, and Tiger from Table 8-3. Minimum and Guidance Levels for these three lakes developed in more recent assessments have been included in Table 8-2;

5. Re-list Lake Ellen, located in Section 10, Township 28S, Range 18E, in Hillsborough County, and the associated Guidance Levels, in Table 8-3. Lake Ellen was incorrectly deleted from Table 8-3 when Minimum and Guidance Levels were approved and added to Table 8-2 for a different Lake Ellen located in Section 19, Township 27S, Range 18E;

6. Revise Table 8-3 to add the Section, Township, and Range for 73 lakes; and

7. Revise Table 8-3 to correct spelling of Lake Whistler.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, of the revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S. The revised minimum levels for this lake is unlikely to constitute an additional significant regulatory constraint on groundwater or surface water withdrawals in the area due to existing resource conditions and regulatory constraints in the basin.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, FS.

LAW IMPLEMENTED: 373.036, 373.042, 373.0421, 373.086, 373.709, FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Hurst, Senior Environmental Scientist, SWFWMD, 2379 Broad Street, Brooksville, FL 34604, [phone], ext. 4271.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-8.624 Guidance and Minimum Levels for Lakes.

 

(1) through (11) No change.

(12) Levels for lakes established during or after August 7, 2000, are set forth in the following table. After the High Minimum Lake Level and Minimum Lake Level elevation for each lake is a designation indicating the Method used, as described in subsection 40D-8.624(8), F.A.C., to establish the level. Compliance with the High Minimum and Minimum Lake Levels is determined pursuant to paragraphs (6)(b) and (7)(b) above. Guidance Levels established prior to August 7, 2000, are set forth in Table 8-3 in subsection 40D-8.624(13), F.A.C., below.

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by County and Basin	Name of Lake and Section, Township and Range Information	High Guidance Level	High Minimum Lake Level	Minimum Lake Level	Low Guidance Level
(a) through (z) No change
(aa) In Polk County Within the Peace River Basin	Annie, Lake S-3, T-29S, R-27E No change
	Aurora, Lake S13, T30S, R28E	101.1'	110.3' (CAT 3)	97.3' (CAT 3)	96.1'
	Easy, Lake S19, T30S, R28E	110.6'	109.8' (CAT 3)	106.5' (CAT 3)	105.4'
	Eva, Lake S-32, T-27S, R-27E through Wailes Lake S-01, T-30S, R-27E No change
(bb) through (dd) No change

 

(13) Guidance Levels established for lakes prior to August 7, 2000, are set forth in the following table:

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000
Location of Impoundment by County and Basin	High Level in Feet Above Mean Sea Level (msl)	Low Level in Feet Above Mean Sea Level (msl)	Extreme Low Level in Feet Above Mean Sea Level (msl)
(a) through (i) No change.
(j) In Hillsborough County Within the Alafia River Basin LAKES
Carlton, Lake S7, T32, R21	93.50'	90.50'	88.00'
Edward Medard Reservoir S36, T29, R21	62.75'	57.50'	56.00'
Grady, Lake S26, T30, R20	39.00'	36.00'	34.00'
Hickory Hammock Lake S34, T29, R20	32.25'	30.50'	29.00'
Unnamed Lake #2 S22, T32, R21	56.00'	NO RECOMMENDATION
(k) In Hillsborough County Within the Hillsborough River Basin LAKES
Bellows Lake (East Lake) S2, T29, R19	23.75'	21.50'	19.00'
Burrell Lake S31, T27, R19	50.00'	47.50'	45.00'
Commiston, Lake S12, T27, R18	63.00'	60.50'	59.00'
Eckles, Lake S11, T28, R18	32.50'	30.00'	28.00'
Egypt Lake S27, T28, R18	37.50'	35.00'	32.50'
Gornto Lake S21, T29, R20	38.50'	36.00'	34.00'
Hart Lake S6, T27, R19	66.00'	64.00'	63.00'
Hog Island Lake S1, T27, R18	66.00'	64.00'	61.00'
Kathy, Lake S20, T29, R20	43.50'	42.50'	42.00'
Long Lake S36, T27, R18	50.25'	48.00'	46.00'
Long Pond S13, T29, R20	46.50'	44.00'	42.00'
Mud Lake (Lake Walden) S6, T29, R22	115.00'	112.50'	110.50'
Thonotosassa, Lake S14, T28, R20	37.00'	34.50'	33.00'
Unnamed Lake S18, T27, R19	63.00'	60.50'	59.00'
Unnamed Lake S7, T27, R19	61.00'	58.50'	57.00'
Valrico Lake S24, T29, R20	45.00'	42.50'	41.00'
Weeks, Lake S2, T29, R20	43.25'	41.00'	39.50'
(l) In Hillsborough County Within the Northwest Hillsborough Basin LAKES Sec. Twsp. Rng.
SWEETWATER CREEK WATERSHED
Avis, Lake S15, T28S, R18E No Change.
Bay Lake S3, T28, R18	46.75'	44.00'	42.50'
Boat Lake S15, T28, R18	35.50'	33.75'	31.25'
Brooker, Lake S2, T27, R18	64.25'	61.00'	59.00'
Chapman Lake S25, T27, R18	52.25'	49.50'	48.00'
Cooper Lake S11, T27, R18	61.75'	59.75'	57.00'
Elaine, Lake S15, T28S, R18E No change
Ellen, Lake S15,  T28S,  R18E	41.50’	39.00’	37.00’
Gass, Lake S36, T27, R18	49.50'	46.25'	44.50'
George, Lake S10, T28, R18	48.00'	45.00'	42.00'
Geraci, Lake S15, T27, R18	63.50'	61.50'	59.50'
Halls, Lake S3, T28S, R18E No change
Lipsey, Lake S10, T28, R18	41.50'	39.00'	37.00'
Magdalene, Lake S35, T27, R18	50.00'	47.50'	46.00'
Thomas, Lake S11, T27, R18	63.50'	61.25'	59.25'
Twin Lake S22, T28, R18	32.00'	30.00'	27.75'
White Trout Lake S15, T28, R18	36.50'	34.00'	32.50'
ROCKY CREEK WATERSHED
Armistead, Lake S25, T27, R17	44.00'	40.50'	39.00'
Browns Lake S2, T27, R18	63.50'	60.75'	59.00'
Josephine, Lake S25, T27, R17	46.00'	42.75'	40.00'
LeClare, Lake S30, T27, R18	52.00'	49.50'	47.00'
Rock Lake S25, T27, R17	46.00'	42.75'	40.00'
Turkey Ford Lake S18, T27, R18	54.00'	51.50'	50.00'
DOUBLEBRANCH CREEK WATERSHED
Hixon Lake S3, T28, R17	36.50'	33.25'	31.00'
Unnamed Lake #1 through Unnamed Lake #2 No change
BROOKER CREEK WATERSHED
Artillery, Lake S3, T27S, R17E No change
Buck Lake S28, T27, R17	35.00'	32.00'	29.50'
Elizabeth, Lake S11, T27, R17	53.00'	51.00'	49.00'
Fern, Lake S10, T27, R17	46.00'	43.00'	41.50'
Frances, Lake S4, T27, R17	40.50'	38.00'	36.00'
Island Ford Lake S10, T27, R17	41.50'	39.00'	37.00'
James Lake S23, T27S, R17E
Keystone Lake S15, T27, R17	42.00'	39.75'	39.00'
Little, Lake S23, T27S, R17E No change
Raleigh, Lake	42.50’	38.00’	35.00'
Rogers, Lake	NO LEVELS RECOMMENDED
Velburton Lake S21, T27, R17	40.00'	37.25'	35.00'
ANCLOTE RIVER WATERSHED
Hiawatha, Lake S2, T27, R17	50.50'	48.00'	45.00'
Osceola Lake S3, T27, R17	46.50'	44.50'	42.50'
(m) through (o) No change.
(p) In Marion County Within the Withlacoochee River Basin
Bonable, Lake S31, T15S, R18E
Little Bonable, Lake S30,T15S, R18E
Tiger, Lake S32, T15S, R18E
(q) through (v) No change
(w) In Polk County Within the Alafia River Basin LAKES
Scott Lake S17, T29, R24	168.00'	165.00'	164.25'
(x) In Polk County Within the Green Swamp Basin LAKES
Agnes, Lake S4, T27, R25	135.75'	134.75'	130.75'
Alfred, Lake S30, T27S, R26E No change
Arietta, Lake S27, T27, R25	144.00'	141.00'	138.00'
Camp, Lake S20, T27, R26	134.50'	132.00'	130.00'
Clearwater Lake S5, T27, R25	143.50'	141.00'	139.00'
Cummings, Lake S31, T27S, R26E through Eva, Lake S29, T27S, R26E No change
Grassy Lake (Big Glades) S19, T27, R26	132.00'	129.50'	128.00'
Griffin, Lake S30, T27S, R26E No change
Gum Lake S17, T27, R26	131.00'	128.50'	126.00'
Haines, Lake S33, T27, R26	128.75'	126.50'	124.50'
Helene, Lake S34, T26, R25	144.00'	141.00'	139.00'
Juliana, Lake S15, T27, R25	132.50'	130.00'	127.50'
Little Lake Agnes S3, T27, R25	136.00'	133.00'	131.00'
Little Van, Lake S26, T27, R25	139.00'	136.50'	135.50'
Mattie, Lake S14, T27, R25	132.50'	130.00'	127.50'
Mud Lake S6, T27, R25	141.50'	137.75'	136.00'
Myrtle, Lake S32, T27, R25	141.00'	138.50'	136.50'
Swoope, Lake S29, T27, R26	132.50'	130.00'	128.00'
Tennessee, Lake S9, T27, R25	134.00'	130.00'	128.00'
Van, Lake S26, T27, R25	132.75'	130.00'	128.00'
Whistler, Lake S33, T27, R25	137.50'	135.00'	133.75'
(y) In Polk County Within the Hillsborough River Basin LAKES
Bonnet, Lake S14, T28, R23	148.00'	145.00'	142.50'
Hunter, Lake S24, T28, R23	162.75'	160.25'	159.00'
(z) In Polk County Within the Peace River Basin
Ada, Lake S33, T28S, R27E through Link, Lake S27, T28S, R26E No change
Little Aurora S13, T30, R28	100.50'	98.00'	96.00'
Little Gum, Lake S35, T29S, R28E through Winterset, Lake S11, T29S, R26E No change
(aa) through (cc) No change

 

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421, 373.086, 373.709 FS. History–New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-81, 4-14-81, 6-4-81, 10-15-81, 11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-83, 7-5-83, 9-5-83, 10-16-83, 12-12-83, 5-8-84, 7-8-84, 12-16-84, 2-7-85, 5-13-85, 6-26-85, 11-3-85, 3-5-86, 6-16-86, Formerly 16J-8.678, Amended 9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89, 9-26-89, 7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97, 8-7-00, 1-8-04, 12-21-04 (13), 12-21-04 (13), 6-5-05, 5-2-06, 1-1-07, 2-12-07, 1-10-08, 2-18-08, 4-7-08, 5-20-08, 5-10-09, 4-13-11, 3-12-12, 11-25-12, 2-21-13 (12)(f), 2-21-13 (12)-(13), 9-3-13, 1-7-15, 7-1-15, 9-21-15, 11-30-16, 12-28-16, 2-12-17 (12)(s), 2-12-17 (12)(z), 2-12-17 (12)(z), 2-19-17 (12)(l), 2-19-17 (12)(q), 3-2-17 (12)(l), 3-2-17 (12)(z), 3-22-17, 4-2-17 (12)(q), 4-2-17 (12)(z), 4-20-17 (12)(i), 4-20-17 (12)(i), 2-5-18, 3-20-18, 5-30-18, 1-23-19, ___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Southwest Florida Water Management District

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 6, 2018