Section 373.042, F.S., requires the District to establish minimum flows and levels for surface watercourses, aquifers, and surface waters within the District. That section also requires the District to prepare and update annually a priority list and ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-8.624: Guidance and Minimum Levels for Lakes

PURPOSE AND EFFECT: Section 373.042, F.S., requires the District to establish minimum flows and levels for surface watercourses, aquifers, and surface waters within the District. That section also requires the District to prepare and update annually a priority list and schedule for the establishment of minimum flows and levels. The District’s priority list and schedule includes the establishment of minimum levels for Lake Carroll in Hillsborough County. The amendments to Rule 40D-8.624, F.A.C., establish minimum levels.

SUMMARY: The proposed amendments to Rule 40D-8.624, F.A.C., establish minimum levels for Lake Crystal and North Lake Wales and establish current guidance levels for these lakes based on current methodologies. The proposed amendments also repeal the previously adopted guidance levels.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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 FAW.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4660) (OGC #2011048)

 

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)-(k) No change.
(l) In Hillsborough County Within the Northwest Hillsborough Basin	Alice, Lake S-16, T-27, R-17	40.9'	40.9' (CAT 2)	39.9' (CAT 2)	38.8'
	Allen, Lake S-10, T-27S, R-18E	61.8'	61.8' (CAT 1)	60.7' (CAT 1)	59.7'
	Barbara, Lake S-19, T-27, R-18	53.15'	53.15' (CAT 3)	52.15' (CAT 3)	51.05'
	Bird, Lake S-26, T-27, R-18	49.6'	49.6' (CAT 2)	48.6' (CAT 2)	47.5'
	Brant, Lake S-23, T-27, R-18	58.0'	58.0' (CAT 2)	57.0' (CAT 2)	55.9'
	Calm, Lake S-14, T-27, R-17	49.41'	49.41' (CAT 3)	48.41' (CAT 3)	47.31'
	Carroll, Lake S -10, 11. 14, 15, T-28, R-18	36.8’	36.8’ (CAT 3)	35.4’ (CAT 3)	33.9’
	Charles, Lake S-23, T-27, R-18	54.2'	53.8' (CAT 1)	52.4' (CAT 1)	52.1'
	Church, Lake S-28, T-27, R-17	35.64'	35.64' (CAT 3)	34.64' (CAT 3)	33.54'
	Crenshaw, Lake S-22, T-27, R-18	55.5'	54.45' (CAT 3)	53.45' (CAT 3)	53.4'
	Crescent, Lake S-10, T-27S, R-17E	41.9'	41.3' (CAT 3)	40.3' (CAT 3)	39.8'
	Crystal, Lake S-14, T-27, R-18	59.8'	59.8' (CAT 2)	58.8' (CAT 2)	57.7'
	Cypress, Lake S-24, T-27, R-17	48.89'	48.89' (CAT 3)	47.89' (CAT 3)	46.79'
	Dan, Lake S-6, T-27, R-17	32.5'	31.9' (CAT 3)	30.9' (CAT 3)	30.4'
	Deer, Lake S-1, T-27, R-18	66.5'	66.5' (CAT 2)	65.5' (CAT 2)	64.4'
	Dosson, Lake S-20, T-27, R-18	53.4'	53.4' (CAT 2)	52.4' (CAT 2)	51.3'
	Echo, Lake S-28, T-27, R-17	35.64'	35.64' (CAT 3)	34.64' (CAT 3)	33.54'
	Ellen, Lake S-19, T-27, R-18	53.15'	53.15' (CAT 3)	52.15' (CAT 3)	51.05'
	Fairy (Maurine), Lake S-34, T-27, R-17	33.41'	33.41' (CAT 3)	32.41' (CAT 3)	31.31'
	Garden, Lake S-17, T-27, R-17	31.5'	30.5' (CAT 3)	29.5' (CAT 3)	29.4'
	Halfmoon, Lake S-31, T-27, R-18	43.3'	43.3' (CAT 2)	42.3' (CAT 2)	41.2'
	Harvey, Lake S-3, T-27S, R-18E	61.8'	61.8' (CAT 1)	60.7' (CAT 1)	59.7'
	Helen, Lake S-19, T-27, R-18	53.15'	53.15' (CAT 3)	52.15' (CAT 3)	51.05'
	Hobbs, Lake S-1, T-27, R-18	65.46'	65.46' (CAT 2)	64.46' (CAT 2)	63.36'
	Horse, Lake S-26, T-27, R-17	46.9'	45.8' (CAT 3)	44.8' (CAT 3)	44.8'
	Jackson, Lake S-17, T-27, R-17	33.0'	33.0' (CAT 2)	32.0' (CAT 2)	30.9'
	Juanita, Lake S-22, T-27, R-17	41.7'	41.7' (CAT 2)	40.7' (CAT 2)	39.6'
	Little Moon, Lake S-28, T-27, R-17	39.1'	39.1' (CAT 2)	38.1' (CAT 2)	37.0'
	Merrywater, Lake S-22, T-27, R-18	55.8'	55.8' (CAT 2)	54.8' (CAT 2)	53.7'
	Mound, Lake S-11, T-27, R-17	50.2'	50.7' (CAT 1)	49.3' (CAT 1)	48.3'
	Platt, Lake S-35, T-27, R-18	49.7'	49.5' (CAT 1)	48.1' (CAT 1)	45.5'
	Pretty, Lake S-26, T-27S, R-17E	44.3'	43.9' (CAT 1)	42.5' (CAT 1)	42.2'
	Rainbow, Lake S-22, T-27, R-17	39.1'	39.1' (CAT 2)	38.1' (CAT 2)	37.0'
	Raleigh, Lake S-27, T-27, R-17	RESERVED	RESERVED (CAT 3)	RESERVED (CAT 3)	RESERVED
	Reinheimer, Lake S-15, T-27, R-18	58.6'	58.9' (CAT 1)	57.5' (CAT 1)	56.5'
	Rogers, Lake S-27, T-27, R-17	RESERVED	RESERVED (CAT 3)	RESERVED (CAT 3)	RESERVED
	Round, Lake S-22, T-27, R-18	55.6'	54.5' (CAT 3)	53.5' (CAT 3)	53.5'
	Saddleback, Lake S-22, T-27, R-18	54.58'	54.58' (CAT 2)	53.58' (CAT 2)	52.48'
	Sapphire, Lake S-14, T-27, R-18	63.4'	63.0' (CAT 1)	61.6' (CAT 1)	61.3'
	Starvation, Lake S-21, T-27, R-18	RESERVED	RESERVED (CAT 3)	RESERVED (CAT 3)	RESERVED
	Strawberry (North Crystal), Lake S-14, T-27, R-18	60.1'	60.1' (CAT 3)	59.1' (CAT 3)	58.0'
	Sunset, Lake S-17, T-27, R-17	34.8'	34.4' (CAT 1)	33.0' (CAT 1)	32.7'
	Sunshine, Lake S-20, T-27, R-18	53.4'	53.4' (CAT 2)	52.4' (CAT 2)	51.3'
	Taylor, Lake S-16, T-27S, R-17E	38.2'	38.2' (CAT 2)	37.2' (CAT 2)	36.1'
	Virginia, Lake S-3, T-27S, R-18E	61.8'	61.8' (CAT 1)	60.7' (CAT 1)	59.7'
(m)-(cc) 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)-(k) No change.
(l) In Hillsborough County Within the Northwest Hillsborough Basin LAKES Sec. Twsp. Rng.
SWEETWATER CREEK WATERSHED
Avis, Lake 15, 28S, 18E	37.00'	34.50'		32.50'
Bay, Lake	46.75'	44.00'		42.50'
Boat, Lake	35.50'	33.75'		31.25'
Brooker, Lake	64.25'	61.00'		59.00'
Carroll, Lake	37.00'	34.50'		32.50'
Chapman, Lake	52.25'	49.50'		48.00'
Cooper, Lake	61.75'	59.75'		57.00'
Elaine, Lake 15, 28S, 18E	37.00'	34.50'		32.50'
Gass, Lake	49.50'	46.25'		44.50'
George, Lake	48.00'	45.00'		42.00'
Geraci, Lake	63.50'	61.50'		59.50'
Halls, Lake 3, 28S, 18E	50.00'	47.50'		46.00'
Lipsey, Lake	41.50'	39.00'		37.00'
Magdalene, Lake	50.00'	47.50'		46.00'
Thomas, Lake	63.50'	61.25'		59.25'
Twin, Lake	32.00'	30.00'		27.75'
White Trout, Lake	36.50'	34.00'		32.50'
ROCKY CREEK WATERSHED
Armistead, Lake	44.00'	40.50'		39.00'
Browns, Lake	63.50'	60.75'		59.00'
Josephine, Lake	46.00'	42.75'		40.00'
LeClare, Lake	52.00'	49.50'		47.00'
Rock, Lake	46.00'	42.75'		40.00'
Starvation, Lake	53.00'	50.00'		48.00'
Turkey Ford, Lake	54.00'	51.50'		50.00'
DOUBLEBRANCH CREEK WATERSHED
Hixon, Lake	36.50'	33.25'		31.00'
Unnamed Lake #1 2, 28S, 17E	37.50'	35.00'		34.50'
Unnamed Lake #2 2, 28S, 17E	37.50'	35.00'		34.50'
BROOKER CREEK WATERSHED
Artillery, Lake 3, 27S, 17E	44.00'	40.50'		39.00'
Buck, Lake	35.00'	32.00'		29.50'
Elizabeth, Lake	53.00'	51.00'		49.00'
Fern, Lake	46.00'	43.00'		41.50'
Frances, Lake	40.50'	38.00'		36.00'
Island Ford, Lake	41.50'	39.00'		37.00'
James, Lake 23, 27S, 17E	46.50'	43.50'		42.00'
Keystone, Lake	42.00'	39.75'		39.00'
Little, Lake 23, 27S, 17E	46.50'	43.50'		42.00'
Raleigh, Lake	42.50'	38.00'		35.00'
Rogers, Lake	NO LEVELS RECOMMENDED
Velburton, Lake	40.00'	37.25'	35.00'
ANCLOTE RIVER WATERSHED
Hiawatha, Lake	50.50'	48.00'		45.00'
Osceola, Lake	46.50'	44.50'		42.50'
(m) 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,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Keith Kolasa, Sr. Environmental Scientist

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 28, 2011