The purpose is to amend rule 40D-8.041, F.A.C., to establish Minimum Flows for the Chassahowitzka River System. The effect of the rule is to maintain 97% of the natural flow for the river system.

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.:RULE TITLE:
40D-8.041Minimum Flows
PURPOSE AND EFFECT: The purpose is to amend Rule 40D-8.041, F.A.C., to establish Minimum Flows for the Chassahowitzka River System. The effect of the rule is to maintain 97% of the natural flow for the river system.
SUMMARY: Section 373.042, F.S., requires the District to establish minimum flows for all surface watercourses, and minimum levels for aquifers and surface waters, within the District. The District is required to maintain and submit a priority list of water bodies to the DEP indicating the schedule for the establishment of minimum flows and levels. This rulemaking will establish minimum flows for the Chassahowitzka River System, one of the water bodies on the priority list.
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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require a Statement of Estimated Regulatory Costs or legislative ratification.
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, 373.0361, 373.042, 373.0421 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
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: SWFWMD Human Resources Director, [phone], ext. 4702; 1(800)423-1476 (FL only), ext. 4702; or [e-mail]. 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: Sonya White, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660), e-mail: [e-mail]. (OGC #2008072)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-8.041 Minimum Flows.

(1) through (15) No change.

(16) Minimum Flow for the Chassahowitzka River System.

(a) For purposes of this rule, the Chassahowitzka River System includes the watercourse

from the Chassahowitzka Main Springs Complex to the Gulf of Mexico, including contributing

tributaries, Blind Springs and all named and unnamed springs that discharge to the river.

(b) The Minimum Flow for the Chassahowitzka River System is 97% of the natural flow as

measured at the United States Geological Survey (USGS) Gage Chassahowitzka River near

Homosassa (Gage No. 02310650). Natural flow is defined for the purpose of this rule as the

flow that would exist in the absence of water withdrawal impacts. The Minimum Flow at any

point downstream from this Gage is measured as the previous day’s natural flow at that point

minus 9%.

(c) The District will reevaluate the Minimum Flow within ten years of adoption of this rule.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361,

373.042, 373.0421 FS. History–Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15,

40D-1.601, Amended 10-1-84, 8-7-00, 2-6-06, 4-6-06, 1-1-07, 11-25-07, 2-18-08, 3-2-08, 5-12-

08, 5-10-09, 3-23-10, 3-28-10, 7-12-10, 8-2-10 (8), 8-2-10 (15), 10-16-12,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Adrienne Vining, Senior Attorney
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 19, 2012