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.  

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    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, (352)796-7211, 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

     

Document Information

Comments Open:
1/22/2019
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 ...
Purpose:
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.
Rulemaking Authority:
373.044, 373.113, 373.171, F.S.
Law:
373.036, 373.042, 373.0421, 373.086, 373.709, F.S
Contact:
Mark Hurst, Senior Environmental Scientist, SWFWMD, 2379 Broad Street, Brooksville, FL 34604, (352) 796-7211, ext. 4271.
Related Rules: (1)
40D-8.624. Guidance and Minimum Levels for Lakes