The purpose of this rulemaking is to adopt revised minimum and guidance levels for Lakes Hanna, Keene, and Kell located in Hillsborough County. The effect of the rule is to support the District’s water supply planning, water use permitting, and ...

 

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 adopt revised minimum and guidance levels for Lakes Hanna, Keene, and Kell located in Hillsborough County. 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 water bodies located within the District. This rulemaking will revise the minimum levels for Lakes Hanna, Keene and Kell, which lie within the Hillsborough River Groundwater Basin and are all hydrologically connected to the Upper Floridan aquifer ground water system. In addition, flow from these lakes contribute to the surface water flow of major tributaries to the Hillsborough River. The establishment and periodic evaluation of minimum levels is required by statute to ensure that the minimum hydrologic requirements of the water resources and ecology of these lakes and the Hillsborough River are maintained. The revised minimum and guidance levels for Lakes Hanna, Keene and Kell have been developed using previously peer-reviewed, Governing Board adopted methods.

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 these lakes are 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: Kim Dionisio, SWFWMD, 7601 U.S. Highway 301 North, Tampa, FL 33637-6759, [phone], ext. 4664 or [e-mail] (OGC #2014016)

 

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 (j) No change.
(k) In Hillsborough County Within the Hillsborough River Basin	Hanna, Lake S-18, T-27S, R-19E	62.0	61.5 (CAT 1)	60.0 (CAT 1)	58.1
	Hooker, Lake S-1, 12, T-29S, R-20E	43.9'	43.7' (CAT 3)	42.1' (CAT 3)	40.8'
	Keene, Lake S-7, T 27S, R-19E	62.8	61.5 (CAT 1)	60.1 (CAT 1)	59.9
	Kell, Lake S-13, 24, T-22S, R-17E	66.4	65.6 (CAT 1)	64.2 (CAT 1)	63.2
	Stemper, Lake S-13, T-27S, R-18E (Levels in feet NGVD)	61.2'	60.8' (CAT 1)	59.4' (CAT 1)	59.1'
(l) through (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)     through (j) No change.
(k) In Hillsborough County Within the Hillsborough River Basin LAKES
Bellows, Lake (East Lake)	23.75'	21.50'	19.00'
Burrell, Lake	50.00'	47.50'	45.00'
Commiston, Lake	63.00'	60.50'	59.00'
Eckles, Lake	32.50'	30.00'	28.00'
Egypt, Lake	37.50'	35.00'	32.50'
Gornto, Lake	38.50'	36.00'	34.00'
Hanna, Lake	62.50'	59.50'	58.25'
Hart, Lake	66.00'	64.00'	63.00'
Hog Island, Lake	66.00'	64.00'	61.00'
Kathy, Lake	43.50'	42.50'	42.00'
Keene, Lake	63.00'	60.50'	59.00'
Kell, Lake	66.00'	63.50'	62.50'
Long, Lake	50.25'	48.00'	46.00'
Long Pond	46.50'	44.00'	42.00'
Mud, Lake (Lake Walden)	115.00'	112.50'	110.50'
Thonotosassa, Lake	37.00'	34.50'	33.00'
Unnamed Lake	63.00'	60.50'	59.00'
Unnamed Lake	61.00'	58.50'	57.00'
Valrico, Lake	45.00'	42.50'	41.00'
Weeks, Lake	43.25'	41.00'	39.50'
(l) 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, 9- 3-2013,__________.

 

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: September 30, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 5, 2014