The Kissimmee River Restoration Project (KRRP) restores over 40 square miles of river/floodplain ecosystem including 43 miles of meandering river channel and 27,000 acres of wetlands. The project is a joint partnership between ....

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-2.091Publications Incorporated by Reference

PURPOSE AND EFFECT: The Kissimmee River Restoration Project (KRRP) restores over 40 square miles of river/floodplain ecosystem including 43 miles of meandering river channel and 27,000 acres of wetlands. The project is a joint partnership between the District and U.S. Army Corps of Engineers.  The KRRP involves an estimated $800 million public investment that was developed to address public concerns about the effects of the Central and Southern Florida Flood Control Project on the Kissimmee River — specifically the altered hydrology, loss of floodplain wetlands, and resulting loss of habitat and reduced populations of many species of fish and wildlife. The proposed rules identify and reserve water needed for the protection of fish and wildlife.

SUMMARY: The proposed rules will reserve from additional allocation: 1) all surface water in the Kissimmee River, its floodplain, and the Headwaters Revitalization Lakes; 2) quantities of surface water up to specific water reservation stages in the Upper Chain of Lakes; and 3) surface water and groundwater in the surficial aquifer system and contributing waterbodies that contribute water to the reservation lakes and the Kissimmee River and floodplain.

The proposed reservation rules will be implemented in coordination with the District’s water use permitting program to ensure future water users do not withdraw reserved water. Direct and indirect withdrawals of water from the Kissimmee River and Headwaters Lakes will be limited to existing permitted water use allocations. Additional direct and indirect withdrawals of water from the Upper Chain of Lakes and contributing waterbodies will be limited to quantities of surface water above the proposed water reservation stages. Any new withdrawals authorized under the water use permitting program shall not reduce average annual flows at S-65 by 4.18 percent. This requirement is imposed to ensure that water use withdrawals do not interfere with KRRP restoration targets. The proposed rules also include regulatory criteria to protect downstream users in the Lake Okeechobee Service Area.

The excerpt of the proposed amendments to the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District” is available on the District’s website at: https://www.sfwmd.gov/our-work/water-reservations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The agency has determined that this rule will 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 been prepared by the agency. The SERC is available on the District’s website at:  https://www.sfwmd.gov/our-work/water-reservations.    

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 completed the Governor’s Office of Fiscal Accountability and Regulatory Reform’s (OFARR) form “Is a SERC Required?” and prepared a SERC, both of which are available upon request. Based on the completed “Is a SERC Required?” form and the District’s SERC and analysis performed to prepare and complete said documents, the proposed rule amendment does not require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY (formerly “Specific Authority”): 373.044, 373.113, 373.171, 373.216  FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 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: Don Medellin, Principal Scientist, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6340 or [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-2.091 Publications Incorporated by Reference.

(1) The “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District – _____________,2021 September 7, 2015” (http://www.flrules.org/Gateway/reference.asp?No=RefXXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref05791) is incorporated by reference herein.

(2) The following forms and materials are referenced in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District – ______________,2021 September 7, 2015”  (http://www.flrules.org/Gateway/reference.asp?No=RefXXXXX) and are incorporated herein:

(a) through (f) No Change.

(g) Form 1392, Daily Stage and Withdrawal Data Form, (        , 2021) http://www.flrules.org/Gateway/reference.asp?No=RefXXXXX, referenced in Subsections 3.11.5.B.2., 5.2.2.K.9.b., and 5.2.2.K.9.d;

(h) Form 1393, Temporary Request and Authorization of Withdrawal Facility Operation, (                  , 2021) http://www.flrules.org/Gateway/reference.asp?No=RefXXXXX, referenced in Subsections 3.11.5.C.1.c., 3.11.5.C.2.d., and 5.2.2.K.9.d.

(i) (g) Subsections referenced in Section 3.3.6 of the “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”, June 1, 2018 October 1, 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09390 http://www.flrules.org/Gateway/reference.asp?No=Ref-05372) referenced in Section 3.3.6, as follows:

1. through 9. No Change.

(3) No Change.

(4) The publications “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District” and forms incorporated herein are available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1 [phone], ext. 6805 6436 or [phone] 6436.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, 7-21-13, 7-14-14, 7-16-14, 9-7-15,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lawrence Glenn, Division Director, Water Resources

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 12, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 16, 2014