Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration Projects (CERP) in order to ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-10.021: Definitions
40E-10.031: Water Reservations Implementation
40E-10.051: Water Reservation Areas: Upper East Coast Planning Area
40E-10.061: Water Reservation Areas: Lower East Coast Planning Area
PURPOSE AND EFFECT: Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration Projects (CERP) in order to receive federal cost share to construct the Projects. The District proposes to establish a water reservation for natural system water associated with the CERP Biscayne Bay Coastal Wetlands (Phase I) Project. The purpose of this water reservation is to identify and reserve water from consumptive use for this CERP Project and to ensure that water is available to provide reasonable assurances that their proposed use of water will not withdraw water reserved for the natural system. In addition, the District proposes non-substantive changes to Figures referenced in Definitions and Upper East Coast Planning Area.
SUBJECT AREA TO BE ADDRESSED: Water reservation for CERP Biscayne Bay Coastal Wetlands Project (Phase I), and non-substantive changes to Definitions and Upper East Coast Planning Area.
RULEMAKING 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.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 28, 2012, 10:00 a.m. - 12:00 p.m.
PLACE: Biscayne Bay National Park Headquarters, 9700 SW 328th Street, Homestead, FL 33033-5634
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Don Medellin, Principal Scientist, South Florida Water Management District, P.O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6340 or [phone], email: [e-mail], or Beth Lewis, Senior Specialist Attorney, South Florida Water Management District, P.O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6343 or [phone], email: [e-mail]. For procedural questions contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, P.O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6299 or [phone], email: [e-mail].
 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

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 1-3 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 1-2 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1-1.

(3) North Fork of the St. Lucie River – The area that extends from the Gordy Road structure (state plane coordinates, x851212.831, y1116105.7470), to the confluence of the North Fork of the St. Lucie River and the C-24 canal (state plane coordinates, x873,712.20, y1064,390.41) as depicted in Appendix 3, Figure 23-1.

(4) Nearshore Central Biscayne Bay – The area within Biscayne Bay up to 1640 feet from the shoreline beginning at Shoal Point extending southward to Turkey Point as depicted in Figure 3-1.

Rulemaking 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 7-2-09, Amended 3-18-10,_________.

 

40E-10.031 Water Reservations Implementation.

(1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances that Rules 40E-2.301 and 40E-20.301, F.A.C., and Section 3.11 of the “Basis of Review for Water Use Permit Applications within the South Florida Management District”, incorporated by reference in Rules 40E-2.091 and 40E-20.091, F.A.C., are met.

(2) through (3) No Change.

(4) Water reserved for the protection of fish and wildlife contained within Nearshore Central Biscayne Bay is defined in subsections 40E-10.061(1)-(2), F.A.C.

Rulemaking 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 7-2-09, Amended 3-18-10,_________.

 

40E-10.051 Water Reservation Areas: Upper East Coast Planning Area.

North Fork of the St. Lucie River, as defined in subsection 40E-10.021(3), F.A.C.:

(1) Surface waters up to and including the mean monthly flow of 130 cubic feet per second flowing over the Gordy Road Structure from November 1st through May 31st; see Appendix 3, Figure 2-2 3-2; are reserved from allocation. The water reserved under this Rule will be available for fish and wildlife upon formal determination of the Governing Board, pursuant to state and federal law, that any one or all of the Comprehensive Everglades Restoration Plan’s C-23/C-24 North and South Reservoirs and STA Project are operational.

(2) Reservations contained in this Rule and the criteria contained in section 3.11.2 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information and concurrent with the approval specified in subsection (1), above.

Notwithstanding the above, presently existing legal uses for the duration of a permit existing on March 18, 2010 are determined to be not contrary to the public interest pursuant to Section 373.223(4), F.S.

Rulemaking 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-3-18-10,_______.

 

40E-10.061 Water Reservation Areas: Lower East Coast Planning Area

(1) Nearshore Central Biscayne Bay as defined in subsection 40E-10.021(6), F.A.C.:

All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1).

(2) Surface water flowing into Nearshore Central Biscayne Bay as identified below is reserved from allocation:

(a) Surface water flows depicted on Figures 3-2.A and 3-2.B through S-123 derived from the following contributing canal reaches:

1. The C-100A canal upstream of S-123 to S-120 including all integrated conveyance canals.

2. The C-100C canal upstream of S-123 to S-119 including all integrated conveyance canals.

3. The C-100B canal upstream of S-123 to S-122 including all integrated conveyance canals.

4. The C-100 canal upstream of S-123 to S-118 including all integrated conveyance canals.

(b) Surface water flows depicted on Figures 3-3.A and 3-3.B through S-21 derived from the following contributing canal reaches:

1. The L-31E borrow canal upstream of S-21 to the canal terminus.

2. The C-1 canal upstream of S-21 to S-122 and S-149 including all integrated conveyance canals.

3. The C-1 canal upstream of S-21 to the C-1W canal and S-338 including all integrated conveyance canals.

(c) Surface water flows depicted on Figures 3-4.A and 3-4.B which is the combined flow through S-21A, S-20G, and S-20F as derived from the following contributing canal reaches:

1. The C-102 canal connecting to the C-102 N canal upstream of S-21A to S-195.

2. The C-102 canal upstream of S-21A to S-165.

3. The L-31E borrow canal upstream of S-21A to its terminus near S-21 including the Gould’s Canal.

4. The L-31E borrow canal upstream of S-21A south to S-20G.

5. The Military canal upstream of S-20G.

6. The C-103 canal upstream of S-20F to S-179.

7. The L-31E borrow canal upstream of S-20F to S-20G including all integrated conveyance canals.

8. The L-31E borrow canal from S-20F south to the North Canal.

9. The North Canal from the L-31E borrow canal to 6th Avenue.

10. The L-31E borrow canal from S-20F south to the Florida City Canal.

11. The Florida City Canal from Southwest 107th Avenue to its confluence with the L-31E borrow canal.

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

Reservations contained in the section shall be reviewed in light of changed conditions or new information.

Rulemaking 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_________.

 

See http://my.sfwmd.gov/portal/page/portal/xweb%20protecting%20and%20restoring/other%20%28kissimmee%29#biscayne or go to www.sfwmd.gov, click on Topics, Water Management Projects, Water Reservations, then Biscayne Bay for full Appendix with Figures.

APPENDIX 1 LOWER WEST COAST PLANNING AREA

TO CHAPTER 40E-10

1-1 LEGAL DESCRIPTION OF PICAYUNE STRAND AS DEFINED IN SUBSECTION 40E-10.021(1):

No Change.

Appendix 2 to Chapter 40E-10

Figure 1 – renamed Figure 1-2; no change to Figure

Figure 2 – renamed Figure 1-3; no change to Figure

Figures 3.A through 3.C – renamed Figures 1-4.A through 1-4.C; no change to Figures

Figures 4.A through 4.C – renamed Figures 1-5.A through 1-5.C; no change to Figures

Figures 5.A through 5.C – renamed Figures 1-6.A through 1-6.C; no change to Figures

Figures 6.A through 6.C – renamed Figures 1-7.A through 1-7.C; no change to Figures

Figures 7.A through 7.C – renamed Figures 1-8.A through 1-8.C; no change to Figures

Figures 8.A through 8.C – renamed Figures 1-9.A through 1-9.C; no change to Figures

Figures 9.A through 9.C – renamed Figures 1-10.A through 1-10.C; no change to Figures
Figures 10.A through 10.C – renamed Figures 1-11.A through 1-11.C; no change to Figures

 

APPENDIX 2 3 UPPER EAST COAST PLANNING AREA Upper East coast Reservation Water Bodies

Figure 2-1 3-1: No change to Figure

Figure 2-2 3: Water Reserved for the North Fork of the St Lucie River – No change to Figure

Appendix 3: Lower East Coast Planning Area – New; see http://my.sfwmd.gov/portal/page/portal/xweb%20protecting%20and%20restoring/other%20%28kissimmee%29#biscayne or go to www.sfwmd.gov, click on Topics, Water Management Projects, Water Reservations, then Biscayne Bay for full Appendix with Figures.