To define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies.  

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    WATER MANAGEMENT DISTRICTS
    South Florida Water Management District

    RULE NO: RULE TITLE
    40E-10.011: Purpose and General Provisions
    40E-10.021: Definitions
    40E-10.031: Water Reservations
    40E-10.041: Water Reservation Areas: Lower West Coast Planning Area
    PURPOSE AND EFFECT: To define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies.
    SUMMARY: This chapter establishes both surface water and groundwater reservations for the Picayune Strand and the Fakahatchee Estuary. These reservations are based on information contained in the peer reviewed report entitled “Technical Document to Support a Water Reservation Rule for Picayune Strand and Downstream Estuaries”, which establishes the linkages between the identification of the reserved water and the protection of fish and wildlife. Because the water reservation authority under Section 373.223(4), F.S., authorizes the set aside of water from consumptive use, Chapter 40E-10, F.A.C. establishes that applicants for consumptive use permits meet the requirement of this chapter by providing reasonable assurances that criteria contained in rules governing issuance of individual and general water use permits are met. It also sets forth that presently existing legal uses for the duration of the permit existing on [effective date] are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S. Finally, Chapter 40E-10, F.A.C. contains figures showing the location of the reserved water and the volume probability curves which simulated the surface water inflow that is protected by this Chapter.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Individuals and Entities Affected by the Proposed Rule
    The proposed rule reserves water for protection of fish and wildlife in the Picayune Strand and the Fakahatchee Estuary in Collier County. The proposed rule will affect a subset of individuals and entities requesting water allocations from surface waters, the water table aquifer or the minimally confined portions of the lower Tamiami aquifer in western Collier County.
    Water use permit applications proposing to withdraw waters that are reserved for the Picayune Strand or the Fakahatchee Estuary under the proposed rule would be denied. In this case, the applicant may choose to switch locations of water withdrawals to deeper portions of the subsurface within the aquifers not affected by the rule, reduce the proposed withdrawal, or move the proposed withdraw location farther away from the reservation water body or impacted canal. The number of individuals and entities potentially affected by this rule is not known but could include public supply utilities, industry, agricultural firms, golf course owners and entities that wish to maintain landscaping such as parks and schools located near the reservation water bodies or specified tributaries that deliver surface water that is proposed to be reserved under the rule. The geographic area affected by the proposed rule is limited to western Collier County. Existing land uses (platted single family homes, agricultural land holdings and publicly owned conservation lands) act to limit access to the surface waters within the reservation water bodies and canals where inflows are reserved.
    The proposed rule set forth eight categories of consumptive uses that do not withdraw reserved water. If a consumptive use does not fall into one of these categories, the applicant must undertake modeling following the specific requirements set forth in the proposed criteria or other similarly acceptable alternative modeling evaluations to demonstrate that reserved water is not being withdrawn. Finally, the criteria provide that reduced or terminated permit impacts that result in increased inflows into the reservation water body may be allocated unless the Governing Board of the South Florida Water Management District determines that such allocation is inconsistent with the public interest.
    Transactional Costs
    A summary of the transactional costs is as follows.
    • Existing legal uses on the effective date of the rule will have no transactional costs.
    • Applicants for renewal of existing legal water uses on the effective date of the rule will have no transactional costs.
    • New or modified uses that are not direct or indirect withdrawals will have zero to minimal transactional costs, as the evaluations required under the proposed rule are also required under existing rule to provide reasonable assurance of compliance with other conditions for issuance under Rule 40E-2.301, F.A.C.
    • Permit modifications that do not change the source, increase the allocation, or change withdrawal locations will have no transactional costs.
    • Applicants for withdrawals from the Sandstone aquifer, Mid-hawthorn aquifer or the Floridan Aquifer systems will have no transactional costs.
    • A proposed new use with a direct or indirect withdrawal and no greater impact, including changes in timing, on a reservation water body than the terminated or reduced permit existing on [effective date] within the same project site will have zero to minimal transactional costs, as the evaluations required under the proposed rule are also required under existing rule to provide reasonable assurance of compliance with other conditions for issuance under Rule 40E-2.301, F.A.C.
    Costs of Modelling under Section 3.11.1.B.
    An integrated surface and ground water transient model (transient hydrologic model) must be developed, calibrated and run for permit applications that are determined to have the potential of withdrawing reserved water quantities. Pursuant to Subsection 3.11.1.A.8., this group only includes applications for new or modified permits that have a direct or indirect withdrawal, as defined in the proposed rule.
    This integrated transient hydrologic modeling is estimated to cost between $100,000 to $500,000, depending on the amount of data collection and modeling needed to determine whether the requested allocation will withdraw reserved water. The higher range of costs are associated with developing a model from scratch including developing regionalized input data sets for all model parameters. The lower range of costs consider time and cost savings associated with using existing regionalized input data sets when assembling a model. The District has developed two calibrated integrated transient models for the area (Picayune Strand PIR model and the LWC SAS Sub-Regional model). The input data sets are available to the public as public records and may be used by permit applicants in the development of the modeling required pursuant to the reservation rule.
    If the results of the hydrologic modeling indicate that proposed new or modified withdrawals will withdrawal reserved water, the applicant may choose to develop an alternative water source, or otherwise modify the project so no reserved water will be withdrawn. The likely alternatives include aquifers located beneath the Lower Tamiami aquifer as specified in the rule. These include, in descending order, the Sandstone, Hawthorn Zone I / Lower Hawthorn, and Floridan aquifers.
    For non-potable water uses, moving from a surface water source to the confined Lower Tamiami aquifer or the Sandstone aquifer will increase water supply costs by about $0.10 per 1,000 gallons of water produced. There is no significant cost difference between obtaining fresh water from the Water Table aquifer, the lower Tamiami aquifer, or the Sandstone aquifer. However, if these applicants are not able to obtain water from these sources, the increased cost associated with pumping and treating brackish water from the Hawthorn aquifer or the Floridan aquifer will increase significantly. The cost increase associated with going from the water table, lower Tamiami or Sandstone with not treatment to the Floridan Aquifer System with reverse osmosis treatment ranges from $3.42 per 1,000 gallons of water produced to $3.62 per 1,000 gallons depending on which aquifer is used.
    For a public supply utility, the cost increase is not significant if the applicant moves from the Water Table aquifer or the Lower Tamiami aquifer to the Sandstone aquifer. However, if the applicant uses the Hawthorn or the Floridan aquifers, the cost increases by about $0.60 to $0.70 per 1,000 gallons. In this case, the degree of financial and economic impacts to the public supply utility would depend on the proportion of the utility’s total water supply that comes from these sources.
    Applicants for dewatering projects which retain the effluent water on-site, will not be impacted by the rule. If the retaining water on site is not feasible, the applicant will be required to demonstrate reserved water is not withdrawn. This could be done through modeling, or modifying the project (e.g. construction in the wet, establishing a hydraulic barrier between the dewatering site and the reservation water body, phased dewatering to reduce the impact e.t.c.). No specific cost estimates of these options have been compiled.
    Cost to the District
    The estimated one-time cost to the District to implement the proposed rule is $16,200. The estimated cost to the District to address each water use permit application that occurs within the area affected by this rule could be as much as $4,800 to $5,700 per applicant and $2,100 per dewatering permit for projects that involve extensive review. However, those projects that do not involve significant evaluations (such as renewals, modifications not involving reserved water, projects using alternative sources of supply etc.) will have minimal costs to the District.
    Cost to Small Businesses, Small Cities and Small Counties
    The City of Everglades will be affected by the proposed rule if it requests additional permitted water quantities from surface water or from the water table aquifer or from the lower Tamiami aquifer in western Collier County. There are likely to be several small businesses in Collier County that could be developed within the geographic area influenced by the rule. The potential costs associated with this rule are tied to the volume of water needed for the business, the location of the withdrawal, and the level of treatment needed.
    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.
    SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
    LAW IMPLEMENTED: 373.016, 373.1501, 373.1502, 373.026, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: February 12, 2009, 9:00 a.m.
    PLACE: South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406
    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: South Florida Water Management District Clerk (800)432-2045, ext. 2087 or (561)682-2087. 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: Scott Burns, Director, Everglades Water Supply Policy, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, (800)432-2045, ext. 4224 or (561)682-4224, email: sburns@sfwmd.gov; Brenda Mills, Lead Planner, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, (800)432-2045, ext. 4208 or (561)682-4208, email: bmills@sfwmd.gov; Beth Lewis, Senior Supervising Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, (800)432-2045, ext. 6343 or (561)682-6343, email: belewis@sfwmd.gov. For procedural questions contact Jan Sluth, Senior Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, (800)432-2045, ext. 6299 or (561)682-6299, email: jsluth@sfwmd.gov.

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40E-10.011 Policy and Purpose.

    The purpose of this Chapter is to define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies. Water reservations are implemented in the water use program pursuant to Chapters 40E-2 and 40E-20, F.A.C.

    Specific 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________.

     

    40E-10.021 Definitions.

    (1) Fakahatchee Estuary – The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, Little Wood River and Faka Union Canal/Faka Union Bay, and Fakahatchee Bay as depicted in Figure 2 Fakahatchee Estuary.

    (2) Picayune Strand – The area located southwest of the Florida Panther National Wildlife Refuge, north of the Ten Thousand Islands NWR, east of the South Belle Meade State Conservation and Recreation Lands (CARL) Project, west of the Fakahatchee Strand Preserve State Park, and northeast of Collier-Seminole State Park as depicted in Figure 1 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1.

    Specific 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________.

     

    40E-10.031 Water Reservations.

    (1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances paragraphs 40E-2.301(1)(k) and 40E-20.301(1)(k), F.A.C., and Section 3.11 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District are met.

    (2) Reservations contained in Rule 40E-10.041, F.A.C., shall be reviewed in light of changed conditions or new information by 2014.

    Specific 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________.

     

    40E-10.041 Water Reservation Areas: Lower West Coast Planning Area.

    (1) Picayune Strand as defined in subsection 40E-10.021(2), F.A.C.:

    (a) Surface waters:

    1. All surface water contained within the Picayune Strand are reserved from allocation (see Figure 1).

    2. All surface water flowing into the Picayune Strand identified below is reserved from allocation:

    a. The surface water flows depicted on Figures 3. A, B, and C, simulated at weir ‘Miller2’ within the Miller Canal (see Figure 1);

    b. The surface water flows depicted on Figures 4. A, B, and C, simulated at  weir ‘FU3’ within the Faka Union Canal (see Figure 1); and

    c. The surface water flows depicted on Figures 5. A, B and C simulated at spillway ‘Lucky LA’ within the Merritt Canal (see Figure 1).

    (b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Picayune Strand is reserved from allocation.

    Notwithstanding the above, presently existing legal uses for the duration of the permit existing on [effective date] are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S.

    (2) Fakahatchee Estuary as defined in Rule 40E-10.021(1), F.A.C.:

    (a) Surface waters:

    The surface water flows into the Fakahatchee Estuary identified below are reserved from allocation:

    1. The surface water flows depicted on Figures 6. A, B and C simulated at Faka Union Canal at structure FU1 (See Figure 2);

    2. The surface water flows depicted on Figures 7. A, B and C simulated at ‘Miller@41’ transect (beginning  at coordinate 471365.13N,  599423.29 E Southeast to 479226.67N, 595105.77E (delivering surface water to Blackwater Bay and Buttonwood Bay) see Figure 2);

    3. The surface water flows depicted on Figures 8. A, B and C simulated at ‘FU@41’ transect (beginning at coordinate 480427.89N, 595005.67E Southeast to 487735.34N, 592478.09E (delivering surface water to Pumpkin Bay) see Figure 2);

    4. The surface water flows depicted on Figures 9. A, B and C simulated at ‘Merritt@41’ transect (beginning  at coordinate 490942.49N, 593218.49E flowing Southeast to 499050.54N, 590515.81E (delivering surface water to Faka Union Bay) see Figure 2); and

    5. The surface water flows depicted on Figures 10. A, B and C simulated at ‘Fakahatchee@41’ transect (beginning at coordinate 498623.81N, 587955.37E Southeast to 533587.95N, 575807.53E (delivering surface water to Fakahatchee Bay) see Figure 2).

    (b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Fakahatchee Estuary is reserved from allocation.

    Notwithstanding the above, presently existing legal uses for the duration of the permit existing on [effective date] are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S.

    Specific 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________.

     

    APPENDIX 1 TO CHAPTER 40E-10

    LEGAL DESCRIPTION OF PICAYUNE STRAND

    AS DEFINED IN RULE 40E-10.021(1)

    A tract of land in Townships 50, 51 and 52 South, Ranges 27 and 28 East, Collier County, Florida, more particularly described as follows:

    Beginning at the Southeast Corner of Section 25, Township 51 South, Range 28 East, Collier County, Florida, run S 89°10'50'' W, 2659.84 feet to the South Quarter Corner of said Section 25; thence S 89°09'41'' W, 2659.37 feet to the Southwest Corner of said Section 25; thence S 00°19'11'' W, 2611.61 feet to the East Quarter Corner of Section 35 of said Township 51 South, Range 28 East;

    thence S 88°56'33'' W, 2652.73 feet to the Northeast Corner of the Southwest Quarter of said Section 35; thence S 00°18'15'' W, 2614.86 feet to the South Quarter Corner of said Section 35; thence S 88°54'23'' W, 2650.59 feet to the Southwest Corner of Section 35; thence S 88°50'39'' W, 2639.94 feet to the South Quarter Corner of Section 34 of said Township 51 South, Range 28 East;

    thence S 89°00'23'' W, 2652.66 feet to the Southwest Corner of said Section 34;

    thence S 88°44'21'' W along the north line of the Northeast Quarter of Section 4, Township 52 South, Range 28 East, 1450.32 feet to the Northeast Corner of those lands described in Official Record Book 2624, Page 2509, Public Records of Collier County, Florida; thence S 00°27'37'' E along the east line of said lands, 6308.01 feet; thence continuing along said east line, S 89°34'56'' W, 16.37 feet;

    thence continuing along said east line, S 00°25'04'' E, 360.00 feet to the north right-of-way line of U.S. Highway 41; thence westerly along the north right-of-way line of U.S. Highway 41, S 84°52'54'' W, 327.99 feet; thence N 05°07'06'' W, 39.00 feet to a point on a non-tangent curve; thence westerly 900.69 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 28°07'18'' and a chord of 891.68 feet, bearing N 81°03'27'' W;

    thence S 23°00'12'' W, 39.00 feet; thence N 66°59'48'' W, 5570.19 feet to a point of curvature; thence northwesterly 800.00 feet along the arc of a curve, concave to the southwest, having a radius of 17224.80 feet, a central angle of 02°39'40'' and a chord of 799.93 feet, bearing N 68°19'38'' W to a point of tangency;

    thence N 69°39'28'' W, 6844.52 feet; thence N 20°20'32'' E, 39.00 feet to a point on a non-tangent curve; thence northwesterly 671.08 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 20°57'10'' and a chord of 667.35 feet, bearing N 59°10'53'' W; thence

    S 41°17'43'' W, 39.00 feet; thence N 48°42'17'' W, 6815.31 feet to a point of curvature; thence northwesterly 442.16 feet along the arc of a curve, concave to the southwest, having a radius of 725.20 feet, a central angle of 34°56'02'' and a chord of 435.35 feet, bearing N 66°10'19'' W to a point of tangency; thence

    N 83°38'20'' W, 300.77 feet to the intersection of the north right-of-way line of U.S. Highway 41 with the west line of Section 36, Township 51 South, Range 27 East;

    thence N 00°03'59'' E along the west line of said Section 36, 1586.32 feet to the Northwest Corner of Section 36; thence N 01°15'40'' W, 2658.40 feet, to the West Quarter Corner of Section 25 of said Township 51 South, Range 27 East;

    thence N 01°17'06'' W, 2656.42 feet to the Northwest Corner of said Section 25;

    thence N 01°16'05'' W, 2655.83 feet to the West Quarter Corner of Section 24 of said Township 51 South, Range 27 East; thence N 01°16'15'' W, 2656.76 feet to the Northwest Corner of said Section 24; thence N 00°19'01'' E, 2764.38 feet to the West Quarter Corner of Section 13 of said Township 51 South, Range 27 East; thence N 00°19'04'' E, 2764.32 feet to the Northwest Corner of said Section 13; thence N 01°15'53'' E, 2764.69 feet to the West Quarter Corner of Section 12 of said Township 51 South, Range 27 East; thence N 01°16'08'' E, 2764.72 feet to the Northwest Corner of said Section 12; thence N 00°37'07'' E, 2763.78 feet to the West Quarter Corner of Section 1 of said Township 51 South, Range 27 East; thence N 00°35'09'' E, 2732.08 feet to the Northwest Corner of said Section 1; thence N 01°09'58'' E, 2697.35 feet to the West Quarter Corner of Section 36 of Township 50 South, Range 27 East; thence N 01°14'25'' E, 2554.73 feet to the Northwest Corner of said Section 36; thence N 00°49'11'' E, 2618.76 feet to the West Quarter Corner of Section 25 of said Township 50 South, Range 27 East;

    thence N 01°30'13'' E, 2623.02 feet to the Northwest Corner of said Section 25;

    thence N 01°14'51'' E, 2643.78 feet to the West Quarter Corner of Section 24 of said Township 50 South, Range 27 East; thence N 00°55'45'' E, 2647.27 feet to the Northwest Corner of said Section 24; thence N 89°04'28'' W, 2655.08 feet to the South Quarter Corner of Section 14 of said Township 50 South, Range 27 East; thence N 89°06'09'' W, 2673.56 feet to the Southwest Corner of said Section 14; thence N 01°20'52'' E, 2642.45 feet to the West Quarter Corner of said Section 14; thence N 01°02'27'' E, 2638.34 feet to the Northwest Corner of said Section 14; thence S 88°57'18'' E, 2650.45 feet to the North Quarter Corner of said Section 14; thence S 89°16'05'' E, 2679.46 feet to the Northeast Corner of said Section 14; thence N 00°32'07'' E, 2629.53 feet to the West Quarter Corner of Section 12 of said Township 50 South, Range 27 East; thence N 00°05'55'' E, 2655.64 feet to the Northwest Corner of said Section 12; thence N 00°35'20'' E, 2638.33 feet to the West Quarter Corner of Section 1 of said Township 50 South, Range 27 East; thence N 09°11'51'' W along the west line of the Northwest Quarter of said Section 1 a distance of 2352.20 feet to the intersection with the south line of the south drainage right-of-way of Interstate 75; thence easterly along said line, N 89°40'16'' E, 2640.00 feet; thence S 88°14'35'' E, 2676.02 feet;

    thence S 89°13'04'' E, 2656.26 feet; thence N 89°51'50'' E, 2650.84 feet;

    thence N 89°28'53'' E, 2647.15 feet; thence S 89°53'38'' E, 2654.08 feet;

    thence S 89°59’57'' E, 2650.10 feet; thence N 89°51'03'' E, 2650.97 feet;

    thence S 89°32'18'' E, 2648.17 feet; thence N 89°47'26'' E, 2686.92 feet;

    thence N 00°23'28'' W, 124.56 feet; thence S 89°54'09'' E, 2649.59 feet;

    thence S 89°56'18'' E, 2651.63 feet; thence N 89°41'16'' E, 2652.50 feet;

    thence S 89°49'15'' E, 2651.54 feet to the intersection of the south line of said south drainage right-of-way with the east line of Section 1, Township 50 South, Range 28 East; thence S 00°18'22'' E along the east line of the Northeast Quarter of said Section 1 a distance of 2460.78 feet to the East Quarter Corner of said Section 1; thence S 00°18'26'' E, 2663.16 feet to the Southeast Corner of said Section 1; thence S 00°19'17'' E, 2661.71 feet to the East Quarter Corner of Section 12 of said Township 50 South, Range 28 East; thence S 00°18'47'' E, 2661.88 feet to the Southeast Corner of said Section 12; thence S 00°18'10'' E, 2662.06 feet to the East Quarter Corner of Section 13 of said Township 50 South, Range 28 East; thence S 00°18'16'' E, 2662.13 feet to the Southeast Corner of said Section 13; thence S 00°18'16'' E, 2662.14 feet to the East Quarter Corner of Section 24 of said Township 50 South, Range 28 East; thence S 00°17'28'' E, 2661.81 feet to the Southeast Corner of said Section 24; thence S 00°17'38'' E, 2674.16 feet to the East Quarter Corner of Section 25 of said Township 50 South, Range 28 East; thence S 00°10'00'' E, 2674.56 feet to the Southeast Corner of said Section 25; thence S 00°13'47'' E, 2674.47 feet to the East Quarter Corner of Section 36 of said Township 50 South, Range 28 East; thence S 00°13'47'' E, 2674.49 feet to the Southeast Corner of said Section 36; thence S 00°51'18'' E, 2682.32 feet to the East Quarter Corner of Section 1 of Township 51 South, Range 28 East; thence S 00°51'18'' E, 2682.32 feet to the Southeast Corner of said Section 1; thence S 00°28'26'' W, 2596.09 feet to the East Quarter Corner of Section 12 of said Township 51 South, Range 28 East; thence S 00°41'47'' W, 2598.68 feet to the Southeast Corner of said Section 12; thence southerly along the east line of Section 13, Township 51 South, Range 28 East, S 00°35'55'' W, 5191.01 feet to the Southeast Corner of said Section 13; thence S 00°36'41'' W, 2596.95 feet to the East Quarter Corner of Section 24 of said Township 51 South, Range 28 East; thence S 00°34'08'' W, 2597.43 feet to the Southeast Corner of said Section 24; thence S 00°33'57'' W, 2596.90 feet to the East Quarter Corner of Section 25 of said Township 51 South, Range 28 East; thence S 00°34'27'' W, 2597.76 feet to the Southeast Corner of said Section 25 and the Point of Beginning.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Wm. Scott Burns, Director, Everglades Water Supply Policy Implementation

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 2, 2008

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 3, 2008

Document Information

Comments Open:
1/9/2009
Summary:
This chapter establishes both surface water and groundwater reservations for the Picayune Strand and the Fakahatchee Estuary. These reservations are based on information contained in the peer reviewed report entitled “Technical Document to Support a Water Reservation Rule for Picayune Strand and Downstream Estuaries”, which establishes the linkages between the identification of the reserved water and the protection of fish and wildlife. Because the water reservation authority under Section 373....
Purpose:
To define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies.
Rulemaking Authority:
373.044, 373.113, 373.171 FS.
Law:
373.016, 373.1501, 373.1502, 373.026, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS.
Contact:
Scott Burns, Director, Everglades Water Supply Policy, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, (800)432-2045, ext. 4224 or (561)682-4224, email: sburns@sfwmd.gov; Brenda Mills, Lead Planner, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, (800)432-2045, ext. 4208 or (561)682-4208, email: bmills@sfwmd.gov; Beth Lewis, Senior Supervising Attorney, South Florida Water Management District, P. O. Box 24680, ...
Related Rules: (4)
40E-10.011. Policy and Purpose
40E-10.021. Definitions
40E-10.031. Water Reservations Implementation
40E-10.041. Water Reservation Areas: Lower West Coast Planning Area