Minimum Flows and Levels (MFLs): Surface Waters

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-8.221Minimum Flows and Levels (MFLs): Surface Waters

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 142, July 23, 2018 issue of the Florida Administrative Register.

40E-8.221 Minimum Flows and Levels (MFLs): Surface Waters.

The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources, or ecology, of the area as applicable, pursuant to Sections 373.042 and 373.0421, F.S. It is the District’s intent to correct or prevent the violation of these MFLs through management of the water resources and implementation of a recovery strategy.

(1) No change.

(2) Caloosahatchee River. The MFL for the Caloosahatchee River is the 30-day moving average flow of 457 400 cubic feet per second (cfs) at S-79.

(a) A MFL exceedance occurs during a 365-day period when the 30-day moving average flow at S-79 is below 457 400 cfs and the 30-day moving average salinity exceeds 10 at the Ft. Myers salinity monitoring station (located at latitude 26° 38' 57.84" N, longitude 81° 52' 5.68" W). Salinity at the Ft. Myers salinity monitoring station shall be measured at 20% of the total river depth at mean low water.

(b) No change.

The flow, combined with tributary contributions below S-79, shall be sufficient to maintain a salinity gradient that prevents significant harm to mobile and immobile indicator species within the Caloosahatchee River. If significant harm occurs once the Caloosahatchee MFL recovery strategy is fully implemented and operational, the recovery strategy and MFL will be reviewed in accordance with Rule 40E-8.421, F.A.C. Mobile and immobile species shall be monitored as described in the recovery strategy.

(3) through (5) No change.

Rulemaking Authority §§ 9, 10 P.L. 83-358, 373.042, 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History–New 9-10-01, Amended 4-1-03, 12-12-06., ______.