To amend Chapter 40D-80, F.A.C., to establish the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan is proposed ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-80.073: Regulatory Portion of Recovery Strategy for Pasco, Northern Hillsborough and Pinellas Counties
PURPOSE AND EFFECT: To amend Chapter 40D-80, F.A.C., to establish the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan is proposed to govern through 2020 the recovery and mitigation actions to be undertaken by water use permit applicants and permittees with withdrawals that adversely impact lakes, wetlands, streams, springs and aquifers within the Northern Tampa Bay Water Use Caution Area.
SUMMARY: The proposed amendments set forth the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan addresses water use permittees and applicants whose withdrawals are located within the Northern Tampa Bay Water Use Caution Area (“NTBWUCA”) through the year 2020. Existing rules are extended and expanded beyond the existing 2010 termination to provide for all water use permittees, except Tampa Bay Water, consideration of certain factors in determining the permittee’s responsibility to implement measures to reduce unacceptable adverse impacts to Minimum Flows and Levels and other environmental features. Comprehensive Plan amendments relating to Tampa Bay Water include: that a renewal of the Consolidated Permit is limited to 10 years (through 2020) for not more than 90 MGD; a provision for a temporary exceedance of 90 MGD during extreme drought; continue use of an Operations Plan that optimizes Central System Facilities to minimize environmental stress in the wellfield area; continuation of the use of Floridan Aquifer Recovery Management Levels as long-term guidelines for allocating groundwater withdrawals within the Operations Plan; implementation of an Environmental Management Plan for the environmental monitoring of groundwater impacts, continuation of ongoing Phase 1 Mitigation feasibility and implementation of projects for identified sites; a provision for implementation of a Consolidated Permit Recovery Assessment Plan to evaluate recovery and identify potential options to address remaining impacts; and water conservation reporting by TBW/Member Governments. The existing provision limiting new permitted quantities to those that contribute to the attainment of the objective of the existing recovery strategy that expires in 2010 is now applicable to the Comprehensive Plan. The amendments provide that progress toward attainment of the objective of the Comprehensive Plan will be evaluated in 2020 when developing a strategy for the second renewal of the Consolidated Permit and a third phase of the Comprehensive Plan.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule revisions to Chapters 40D-2 and 40D-80, F.A.C., establish Minimum Flow and Level recovery and prevention strategy elements and other necessary rule elements to address unacceptable adverse environmental impacts and Minimum Flows and Level impacts in the Northern Tampa Bay Water Use Caution Area. These revisions continue existing requirements for applicants and existing permittees, except as to certain provisions for renewal of Tampa Bay Water’s Consolidated Permit for the Central System Facilities. Tampa Bay Water is currently permitted for the Central System Facilities pursuant to the terms of the Partnership Agreement and related rules which expire on December 31, 2010. The amendments impose no additional requirements to applicants or existing water use permittees other than Tampa Bay Water. A number of the requirements for Tampa Bay Water currently exist as part of the Partnership Agreement or as permit or rule conditions, and therefore, impose no additional cost. New assessment and reporting requirements related to stream and spring flow impacts may require additional monitoring sites, input and analysis of monitoring data, and possibly revisions to the Optimized Regional Operations Plan. For the District, evaluation, processing and monitoring of available information to assess the impacts remaining in 2020 may create a one-time additional cost. Small businesses, including those that may be applicants or existing permittees, are not expected to incur costs resulting from the proposed rule. No changes in state or local government revenues are anticipated.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS
LAW IMPLEMENTED: 373.036, 373.0361, 373.171, 373, 373.0421, 373.0831, 373.1963 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Annette Zielinski, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-80.073 Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area, and the Hillsborough River Strategy Regulatory Portion of Recovery Strategy For Pasco, Northern Hillsborough and Pinellas Counties.

(1) Overview: Background.

This rule sets forth the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan addresses water use permittees whose withdrawals are located within the Northern Tampa Bay Water Use Caution Area (“NTBWUCA”). Within the NTBWUCA, certain wetlands, lakes, streams, springs and aquifer levels have been impacted by lower groundwater levels resulting from groundwater withdrawals. Within the area of surficial aquifer impacts as generally depicted in Figure 80-1, the Central System Facilities, as described below, account for the majority of groundwater withdrawals. For this reason, the Central System Facilities are the primary focus of the Comprehensive Plan as other users’ water withdrawals result in relatively minimal water resource impacts within the area generally depicted on Figure 80-1. The objective of this Comprehensive Plan is to achieve recovery of MFL waterbodies and avoidance and mitigation of unacceptable adverse impacts to wetlands, lakes, streams, springs and aquifer levels. The provisions of the Comprehensive Plan specifically applicable to Tampa Bay Water’s Central System Facilities are contained in subsections 40D-80.073(2) and (3), F.A.C., below. All other water use permittees are addressed in subsections 40D-80.073(4) and (8), F.A.C., below. Other provisions applicable to permittees are included in subsections 40D-80.073(5), (6), and (7), F.A.C. The Comprehensive Plan is effective through December 31, 2020. Chapter 96-339, Laws of Florida, requires the District to establish Minimum Flows and Levels for priority waters within Pasco, Hillsborough and Pinellas Counties by October 1, 1997. The District has so established Minimum Flows and Levels within Pasco, Hillsborough North of State Road 60, and Pinellas Counties (the “Northern Tampa Bay Area” or “Area”). Those Minimum Flows and Levels are contained within Chapter 40D-8, F.A.C. In establishing those Flows and Levels, the District has determined that the existing water levels in many of the priority waters are below the Minimum Flows or Levels. This section sets forth the regulatory portion of the first phase of the Recovery Strategy for the Area.

(2) Tampa Bay Water’s Central System Facilities. Objective of Recovery Strategy.

(a) From the 1930’s through the 1990’s eleven wellfields were developed within the Northern Tampa Bay Water Use Caution Area. Those wellfields are Cosme-Odessa, Eldridge-Wilde, Section 21, South Pasco, Cypress Creek, Cross Bar Ranch, Starkey, Morris Bridge, Northwest Hillsborough Regional, Cypress Bridge and North Pasco, and are collectively hereinafter referred to as the Central System Facilities. The Central System Facilities are operating under Water Use Permit No. 2011771 (the “Consolidated Permit”). Groundwater withdrawals from the Central System Facilities have caused lowered aquifer levels in and near the Central System Facilities. In 1974, pursuant to Chapter 373, F.S., the District established a permitting system to assure that such use is consistent with the overall objectives of the District and is not harmful to the water resources of the area. All water use permittees within the Area are addressed by this Rule 40D-80.073, F.A.C. However, Tampa Bay Water (formerly known as the West Coast Regional Water Supply Authority), Pinellas County, Pasco County, the City of New Port Richey, Hillsborough County, the City of Tampa, and the City of St. Petersburg, the last six listed referred to as “Member Governments,” water supply facilities account for the majority of water withdrawals within the Area. For this reason, these facilities are the primary focus of the portion of the recovery strategy encompassed by this Rule 40D-80.073, F.A.C. Those facilities are the following wellfields: Cosme-Odessa, Eldridge-Wilde, Section 21, South Pasco, Cypress Creek, Cross Bar Ranch, Starkey, Morris Bridge, Northwest Hillsborough Regional, Cypress Bridge, and North Pasco, (the “Central System Facilities”). Other users’ water withdrawals result in relatively minimal water resource impacts, and they are addressed in subsection 40D-80.073(5), F.A.C.

(b) Pursuant to Chapter 96-339, Laws of Florida, the District established Minimum Flows and Levels for priority waters within Pasco, Hillsborough and Pinellas Counties which became effective in 2000. Those Minimum Flows and Levels are contained within Chapter 40D-8, F.A.C. The District determined that groundwater withdrawals have contributed to existing water levels and flows in many of these priority waters being below the established Minimum Flows or Levels. To address unacceptable adverse impacts caused by the Central System Facilities, the District implemented a recovery strategy and mitigation plan (“Recovery and Mitigation Plan”), the first phase of which occurred between 1998 and 2010 and resulted in the phased reduction of the permitted withdrawal rate of the Central System Facilities from 158 Million Gallons per Day (MGD) in 1998 to 121 MGD in 2003, and to 90 MGD on a 12-month moving average basis in 2008. The recovery strategy included the District and Tampa Bay Water and its Member Governments entering into the Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement (the “Agreement”) in 1998. The Agreement has constituted that portion of the first phase of the District’s recovery strategy that is specifically applicable to the Central System Facilities. The Agreement has governed the development of new water supplies, reduction of groundwater withdrawals, litigation and administrative hearings between the District, Tampa Bay Water and its Member Governments. The Agreement also governed the District’s financial assistance to Tampa Bay Water to develop the new water supplies and achieve the reduction of groundwater withdrawals from the Central System Facilities. The Agreement expires on December 31, 2010. Consistent with the Agreement, Tampa Bay Water has constructed an enhanced surface water system, which includes a surface water treatment facility (which treats surface water flows from the Alafia River, the Tampa Bypass Canal and the Hillsborough River), an offstream reservoir, the Brandon Urban Dispersed Wellfield, a seawater desalination facility, and an integrated regional delivery system. Further, Tampa Bay Water has reported that the Member Governments have exceeded the 17 MGD reduction in water demand through conservation contemplated under the Agreement. Water supplied by these facilities and conservation allowed Tampa Bay Water to meet the required phased reductions in groundwater withdrawals. While the Area has recently seen cyclical low levels of precipitation, the predominant cause of the lowered surficial water table in the vicinity of the Central System Facilities is the ground water withdrawals from the Central System Facilities. As a result, in the vicinity of the Central System Facilities, wetlands and lakes have been and continued to be impacted by reduced water levels, including wetlands and lakes for which minimum wetlands and lake levels have been established. Recovery to Wetland and Lake Minimum Levels for wetlands and lakes described in and established in subsection 40D-8.623(3), Table 8-1 and 40D-8.624(12), Table 8-2, F.A.C., is the objective of this Rule 40D-80.073, F.A.C. This portion of the Recovery Strategy for the Area is effective through December 31, 2010.

(c) Although the Recovery and Mitigation Plan has had the effect of increasing water levels and flows and improving the condition of many wetlands, lakes, streams, springs and aquifer levels due to the reduction of groundwater withdrawals from the Central System Facilities, compliance with the criteria of Rule 40D-2.301, F.A.C., has not been demonstrated.

(d) Since the Central System Facilities supply potable water to Pinellas, Pasco, and Hillsborough counties and evaluation of the effect of the reduced withdrawal rate has not been completed, the District has determined it is in the public interest and consistent with the objectives of the District to develop a second phase of the Recovery and Mitigation Plan. This section sets forth the regulatory portion of the second phase of the Recovery and Mitigation Plan.

(e) This Recovery and Mitigation Plan is a comprehensive approach to address unacceptable adverse impacts and Minimum Flows and Levels impacts to wetlands, lakes, streams, springs and aquifer levels caused by groundwater withdrawals from the Central System Facilities. This Plan sets forth the criteria to address recovery to Minimum Flows and Levels as well as avoidance and mitigation of unacceptable adverse environmental impacts as described in Sections 4.2, 4.3, and 4.5 in Part B, Basis of Review, of the Water Use Permit Information Manual, incorporated by reference in Rule 40D-2.091, F.A.C. This Recovery and Mitigation Plan allows renewal of the Consolidated Permit based, in part, on continued environmental assessment and mitigation, and further development of a plan to avoid or mitigate unacceptable adverse impacts to wetlands, lakes, streams, springs and aquifer levels attributable to groundwater withdrawals from the Central System Facilities.

(f) Central System Facilities Withdrawals and Duration – The Central System Facilities shall be limited in the renewal of the Consolidated Permit as follows:

1. Total annual average daily withdrawal shall not exceed a rate of 90 MGD on a 12-month moving average basis, except as provided in subparagraph 2., below. Tampa Bay Water shall undertake its best efforts to maintain the total withdrawal rate at or below 90 MGD so that the impacts of sustained withdrawals at that rate can be assessed during the second phase of the Recovery and Mitigation Plan. The duration of the Consolidated Permit shall be for a period of 10 years. Withdrawals from the Central System Facilities shall be optimized to minimize environmental stresses in or near the wellfields as provided in the Operations Plan described in paragraph (g), below.

2. During the course of this Recovery and Mitigation Plan, Tampa Bay Water will be performing a renovation project on the C.W. Bill Young Regional Reservoir (the “Reservoir”). During the period of the renovation project, Tampa Bay Water’s withdrawals from the Central System Facilities are limited to a total annual average daily withdrawal rate of 90 MGD on a 12-month moving average basis, except as provided below:

a. The period during which withdrawals may be greater than 90 MGD on a 12-month moving average basis (“Exception Period”) begins when:

(i) Tampa Bay Water demonstrates the date that the Reservoir cannot produce water supply and the renovation project has begun, and

(ii) The District has determined that hydrologic factors exist that are contributing to a water supply deficit. These factors include the designated water resource indicators in the District’s water shortage plan and stream flow and rainfall conditions in the Alafia and/or the Hillsborough River watersheds, and

(iii) Tampa Bay Water demonstrates there are not sufficient surface water, desalination and other interconnected sources available that would allow the Consolidated Permit withdrawals to remain at or below 90 MGD on a 12-month moving average basis, and

(iv) Tampa Bay Water and its member governments demonstrate that they have complied with any Board or Executive water shortage or emergency order relating to water supply.

b. The Exception Period shall end on the date on which the earlier of the following occurs:

(i) 36 months after the period begins, or,

(ii) When water stored in the C.W. Bill Young Regional Reservoir equals 11.0 billion gallons.

c. During the Exception Period, Tampa Bay Water shall maximize its authorized use of alternative water supply sources, including the Alafia River and Hillsborough River/Tampa Bypass Canal system, the desalination plant and other available interconnected sources in order to minimize groundwater withdrawals from the Central System Facilities. A monthly report demonstrating the maximized use of these sources shall be submitted to the District.

d. During the Exception Period, Tampa Bay Water and its Member Governments shall comply with any Board or Executive water shortage or emergency order relating to Tampa Bay Water’s or a Member Government’s water supply.

e. The District shall notify Tampa Bay Water of the beginning and ending dates of the Exception Period.

f. Compliance with the 90 MGD on a 12-month moving annual average basis is tolled during the Exception Period and compliance shall recommence beginning 365 days from the date the Exception Period ends.

g. Tampa Bay Water shall use its best efforts to minimize the period of the renovation project and reduce the duration of the Exception Period.

(g) Operations Plan.

1. Optimization of Tampa Bay Water’s Central System Facilities is critical to the success of the second phase of the Recovery and Mitigation Plan. To this end, Tampa Bay Water shall continue to implement and refine the Operations Plan which was submitted to the District as part of the first phase of the Recovery and Mitigation Plan. Tampa Bay Water shall submit to the District an updated Operations Plan with the renewal application of the Consolidated Permit that describes how Tampa Bay Water will operate its water supply system with the intent to increase groundwater levels and minimize environmental stresses caused by the Central System Facilities. To fully evaluate optimization, it is essential for Tampa Bay Water to operate the Central System Facilities at or below 90 MGD on a 12 month moving average basis for a sustained period of time that encompasses a wide spectrum of climatic conditions, therefore the focus of the Operations Plan during the second phase of the Recovery and Mitigation Plan is the operation of the Central System Facilities. Included in the Operations Plan is the optimized Regional Operations Plan (“OROP”) which is an optimization model, input data sets, constraint data sets, and other models used to establish boundary conditions. The OROP shall continue to be used to define and control how wellfield withdrawal points from the Central System Facilities will be operated to avoid or minimize environmental stress. Throughout the term of the renewed Consolidated Permit, any proposed change to the optimization formulation or operations protocol or OROP models included in the Consolidated Permit renewal application will require prior District approval. Tampa Bay Water shall submit to the District an Operations Plan report by July 10 of years 2012, 2014, 2016, 2018 and in conjunction with the application to renew the Consolidated Permit. The report shall document updates to the Operations Plan submitted with the Consolidated Permit renewal application, provide a work plan that encompasses the upcoming two years, include activities approved in Tampa Bay Water’s budget for the upcoming year that starts October 1 and provide summary information and data on Operations Plan activities during the preceding reporting period.

2. The Operations Plan shall:

a. Define how Tampa Bay Water will operate the Central System Facilities;

b. Provide the protocol under which Tampa Bay Water will select among the Central System Facilities to meet demand;

c. Provide the protocol under which Tampa Bay Water will rotate among the Central System Facilities to avoid or minimize environmental stresses;

d. Rely upon ground water elevation target levels in the aquifer systems as a surrogate for water levels in wetlands and lakes, and flows in streams and springs at a specified set of existing and proposed monitor wells, to gauge environmental stresses in and around the well fields wherein increased ground water elevations will denote reduced environmental stresses;

e. Include procedures for analyzing relationships between the distribution and rate of withdrawal at the well fields, flow rates in rivers and streams; and the associated Floridan, and surficial aquifer system levels, using available models;

f. Include procedures for selecting optimal scenarios for the distribution and rate of ground water withdrawals from the well fields, using available mathematically-based optimization software, based on projected demand and operating system constraints, such that ground water levels in the surficial aquifer system are maximized according to a specified weighting/ranking system as a surrogate for water levels in wetlands and lakes and flow in rivers and streams.

g. Include in the optimization analysis a weighting/ranking system to enable priority factors to be applied to reduce environmental stress preferentially at selected locations, with such factors to be associated with the specified surficial aquifer monitor wells;

h. Propose a set of surficial aquifer monitor wells as well as a priority weighting system for those wells; and

i. Provide data and software for all models used in the OROP.

(h) Environmental Management Plan, Phase 1 Mitigation Plan, and Consolidated Permit Recovery Assessment Plan – An essential component of the second phase of the Recovery and Mitigation Plan is Tampa Bay Water’s continued assessment of unacceptable adverse environmental impacts related to groundwater withdrawals from the Central System Facilities. During the first phase of the Recovery and Mitigation Plan, Tampa Bay Water developed an Environmental Management Plan (EMP) and a Phase 1 Mitigation Plan. Under this second phase of the Recovery and Mitigation Plan, Tampa Bay Water shall continue to implement the EMP and the Phase 1 Mitigation Plan, and develop a Consolidated Permit Recovery Assessment Plan, all as described below.

1. The Environmental Management Plan (“EMP”) that was developed for the Central System Facilities under the first phase of the Recovery and Mitigation Plan addresses the monitoring of water resources and environmental systems in the vicinity of the Central System Facilities, assesses water resources and environmental systems for impact by groundwater withdrawals from the Central System Facilities, and coordinates with Tampa Bay Water’s Operations Plan to facilitate wellfield operational changes to address persistent water level impacts attributed to Central System Facility withdrawals. A revised EMP shall be submitted with the renewal application for the Consolidated Permit and shall be implemented throughout the duration of the renewed Consolidated Permit. The revised EMP shall:

a. Identify and propose a revised list of monitoring sites within the areas potentially affected by the Central System Facilities and unaffected control/reference sites;

b. Define and describe the monitoring and data collection methods and reports utilized for documenting the hydrologic and biologic conditions of surface water bodies in and near the Central System Facilities; and

c. Describe the process used to determine impacts to water bodies in and near the Central System Facilities and the procedures used to attempt corrective action through Operations Plan changes.

2. The Phase 1 Mitigation Plan that was developed for the Central System Facilities under the first phase of the Recovery and Mitigation Plan assessed and prioritized, as candidate sites for mitigation, those lakes and wetlands that were predicted to not fully recover following the reduction in groundwater withdrawals from the Central System Facilities to a long-term average of 90 MGD. Conceptual mitigation projects were developed for the highest priority water bodies and Tampa Bay Water has been evaluating and implementing these projects, where feasible. Evaluation and implementation of these conceptual Phase 1 Mitigation Plan projects, where feasible, shall be continued throughout the duration of the renewed Consolidated Permit. In addition, Tampa Bay Water shall revise the list of candidate water bodies to include any sites monitored through the EMP that are impacted by Central System Facilities withdrawals and are predicted to not fully recover at a long-term average withdrawal rate of 90 MGD from the Central System Facilities.

3. The Consolidated Permit Recovery Assessment Plan will evaluate the recovery of water resource and environmental systems attributable to reduction of the groundwater withdrawals from the Central System Facilities to a long-term average of 90 MGD, identify any remaining unacceptable adverse impacts caused by the Central System Facilities withdrawals at a long-term average rate of 90 MGD, and will identify and evaluate potential options to address any remaining unacceptable adverse impacts at the time of the Consolidated Permit renewal in 2020. The remaining unacceptable adverse impacts will be determined through an update of the assessment of impact previously performed as part of the Phase 1 Mitigation effort. As part of this effort, Tampa Bay Water shall:

a. Work cooperatively with the District throughout this second phase of the Recovery and Mitigation Plan to discuss the ongoing development of the Consolidated Permit Recovery Assessment Plan.

b. Submit status reports to the District on a frequency to be defined in the renewed Consolidated Permit demonstrating ongoing progress of the development of the Consolidated Permit Recovery Assessment Plan throughout the duration of this second phase of the Recovery and Mitigation Plan.

c. Submit the final results of the Consolidated Permit Recovery Assessment Plan with the application for the second renewal of the Consolidated Permit in 2020.

4. Nothing contained in this rule shall be construed to require Tampa Bay Water to be responsible for more than its proportionate share of impacts to a Minimum Flow and Levels waterbody that fails to meet, due to impacts from ground water withdrawals, the established minimum flow or level.

(i) Water Conservation – Water conservation as a means to reduce demand for withdrawals is a key element of the Recovery and Mitigation Plan. The issuance of Wholesale Water Use Permits for Member Governments whose withdrawals and use are not covered by other water use permits is essential to this element. Until Wholesale Water Use Permits are obtained by the Member Governments as required by Chapter 40D-2, F.A.C., Tampa Bay Water shall report on the Authority’s, as applicable, and the Member Governments’ per capita rates, water losses, reclaimed water use, residential water use, and the following measures to reduce water demand. During the term of the renewed permit, Tampa Bay Water shall only be responsible for reporting data for any Member Government that does not have a water use permit or a wholesale water use permit that requires such reporting. In the year following the year in which a Member Government is required by permit to report this data, Tampa Bay Water shall no longer be required to submit the data on behalf of the Member Government. This Report shall detail the evaluation of the below-listed measures, the findings and conclusions, and the schedule for implementing selected measures.

1. Toilet rebate/replacement

2. Fixture retrofit

3. Clothes washer rebate/replacement

4. Dishwasher rebate/replacement

5. Irrigation and landscape evaluation

6. Irrigation/landscape rebate

7. Cisterns/rain water harvesting rebate

8. Industrial/commercial/institutional audits and repair

9. Florida-Friendly landscape principles

10. Water Conservation Education

11. Water-conserving rate structures and drought rates

12. Multi-family residential metering

In addition to the above, Tampa Bay Water shall report the quantity of water distributed from each source and the recipients and non-Member Government information required by the Public Supply Annual Report.

(3) Recovery Strategy Elements for Tampa Bay Water and Member Governments.

(a) The District and Tampa Bay Water ("TBW") and Member Governments have entered into the Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement (the “Agreement”). The Agreement constitutes that portion of the District’s recovery strategy that is specifically applicable to the Central System Facilities as provided for in Sections 373.036, 373.0361, 373.0421(2), 373.0831 and 373.1963, Florida Statutes. The Agreement governs the development of new water supplies, reduction of pumpage, litigation and administrative hearings between the District, TBW and its Member Governments and the District’s financial assistance to the TBW to achieve new water supplies and reduction of pumpage at the Central System Facilities all of which contribute to the attainment of the objective of this portion of the recovery strategy. The Agreement makes available to TBW from the District $183,000,000.00 to be used for new water supply development projects excluding ground water sources and including alternative sources of potable water and regionally significant transmission pipelines. Independently, the Tampa Bay Water Master Water Plan provides for the development of at least 85 million gallons per day (mgd) annual average daily quantity of additional water supply sources and partially offsets additional water supply needs for growth by increased conservation and demand management.

(3)(b) Recovery Management – The pumping reductions in groundwater withdrawals required for the Central System Facilities were the principal means of achieving the objective of the first phase of the Recovery and Mitigation Plan. The use of sound decision protocols to determine groundwater withdrawal distribution and assessment of the remaining impacts at or below 90 MGD on a 12-month moving average basis are necessary components of this second phase of the Recovery and Mitigation Plan. under the Agreement shall be implemented by the TBW and Member Governments as specified below as the principal means of achieving the objective of this Rule 40D-80.073, F.A.C. Additionally, The the Floridan Aquifer Recovery Management Levels set forth in Table 80-1 below shall be used as long-term guidelines for allocating groundwater withdrawals within the Operations Plan, submitted to the District by TBW pursuant to the Agreement and shall be reevaluated in 2010. The Floridan Aquifer Recovery Management Levels are based on the hydrogeologic properties and environmental conditions in the Northern Tampa Bay Area, and are set to advise and guide in determining planned groundwater ground water withdrawal rates in 2007, but not as the sole basis by which the District will approve or disapprove the Operations Plan and any amendments or updates.

 

Table 80-1 Floridan Aquifer Recovery Management Levels
Well Name	Latitude	Longitude	Recovery Management Levels (feet NGVD 1929)
1. RMP8D1	280342	823256	26.8
2. PZ-3	281446	823342	40.5
3. Cosme 3	280608	823529	27.6
4. SR 52 and 581	281926	822129	73.3
5. Morris Bridge 1	280652	822042	28.2
6. James 11	280653	823415	33.1
7. Morris Bridge 13	280656	821751	30.1
8. Berger	280700	822942	44.5
9. Hillsborough 13	280703	823027	40.3
10. Wolfe	282305	823015	52.0
11. Debuel	280741	822709	55.4
12. DGW-4	280829	822008	43.7
123. Calm 33A	280834	823435	33.2
134. EW11	280905	823905	16.2
145. Lutz Park	280913	822832	56.8
156. Lutz Lake Fern	280921	822230	43.4
167. EW N4	280945	823804	27.6
178. EW 2N	281011	823905	18.9
189. MW2-1000	281019	822114	58.7
19.20. SP42	281036	823056	47.7
201. Matts	281102	822924	60.1
22. Starkey 707	281454	823802	27.6
213. SR54	281144	823046	49.6
24. DMW500	281204	822238	51.0
225. Starkey Regional	281312	823616	32.6
236. MW1	281447	823542	31.6
247. Pasco 13	281559	822645	72.5
258. NPMW-11	281631	823411	41.0
269. TMR4D	281650	822444	58.3
2730. TMR1D	281719	822246	61.1
2831. TMR3D	281745	822342	59.5
2932. NPMW-7	281825	823405	44.1
303. TMR-2	281845	822240	68.5
314. SR52 East	281918	822645	73.1
325. SR52 West	282010	823737	51.9
336. SRW	282035	822839	69.3
347. CB1SED	282100	822628	71.3
358. SERW	282206	822711	63.7
369. CB3ED	282221	822419	69.1
3740. Citrus Park	280437	823426	29.4

 

 

(c) Periodic Review of Recovery Strategy.

1. The District shall review the recovery strategy periodically to assess the progress of strategy elements. The District will evaluate the water resource recovery attained in light of the reductions in quantities withdrawn achieved based on an evaluation of whether wetland and lake stage-frequency data indicate that wetland and lake water levels are improving.

2. These reviews shall consider reports generated by the TBW and the Member Governments describing the status of all additional sources either developed or in development to offset water withdrawals from Central System Facilities as well as any other water supply and water resource information available to the District.

3. The information considered by the District pursuant to subparagraphs (c)1. and 2. above is intended to be also considered during preparation of the update pursuant to Section 373.036, F.S., which is due in 2003, of the District’s Water Management Plan as it relates to the water supply assessment for the West-Central Planning Region.

(4) Hillsborough River Strategy. Beginning November 25, 2007, the Minimum Flow for the Lower Hillsborough River shall be as provided in subsection 40D-8.041(1), F.A.C., to be achieved on the time schedule as set forth below. The District and the City of Tampa (City) shall measure the delivery of water to the base of the dam relative to their respective elements as described below. The City shall report this information to the District monthly on the 15th day of the following month. In addition, the City shall submit a quarterly written report of all activities and all progress towards timely completion of its elements of the recovery strategy. Such reports will be submitted to the District within 15 calendar days after each calendar year quarter.

(a) The District and the City have entered into the Joint Funding Agreement Between The Southwest Florida Water Management District and The City of Tampa For Implementation of Recovery Projects To Meet Minimum Flows Of The Lower Hillsborough River (the “Agreement”). The Agreement and subsection 40D-80.073(4), F.A.C., constitute the District’s recovery strategy for the Lower Hillsborough River required by Section 373.0421(2), F.S., and shall not compromise public health, safety and welfare.

(b) The schedule to achieve the Minimum Flows for the Lower Hillsborough River is as follows:

1. Sulphur Springs – Beginning on November 25, 2007, the City shall be required to provide 10 cubic feet per second (cfs) of water to the base of the City’s dam each day provided such use will not compromise public health, safety and welfare.

2. Tampa Bypass Canal Diversions – By January 1, 2008, provided that any permit that may be required is approved, the District shall divert up to 7.1 million gallons of water on any given day from the District’s Tampa Bypass Canal (“TBC”) to the Hillsborough River at the District’s Structure 161. The District shall then deliver water from the Hillsborough River immediately above the City’s dam to the base of the City’s dam to help meet the minimum flow requirements of the Lower Hillsborough River. Such diversions shall not occur if public health, safety and welfare will be compromised.

a. The District shall complete a comprehensive analysis of these diversions within 90 days of the first year of operation to identify and subsequently make any mechanical or efficiency adjustments that may be necessary. The District shall use its best efforts to expedite obtaining any permit that may be needed to undertake these actions.

b. By October 1, 2013, provided that the transmission pipeline has been constructed and is operational, all of the water diverted from the TBC middle pool under this provision to help meet the minimum flow shall be provided to the Lower Hillsborough River per subparagraph 40D-80.073(4)(b)7., F.A.C.

c. These diversions shall be prioritized as follows:

(i) Priority Source One – Diversions From the TBC Middle Pool When the TBC Middle Pool is Above 12.0 feet NGVD (1929 or its 1988 equivalent), and There is Flow of at Least 11 cfs Over the District’s Structure 162 – On days when the TBC middle pool is above 12.0 feet NGVD (1929 or its 1988 equivalent), as measured by the downstream gauge at the District’s Structure 161, and there is flow of at least 11 cfs over the District’s Structure 162, the District shall divert water from the TBC middle pool to the Hillsborough River.

A. The District shall then deliver 75 percent of any water diverted from the TBC to the Hillsborough River under this provision to the Lower Hillsborough River. Delivery of 75 percent of the water diverted from the TBC addresses concerns about potential losses due to subsurface leakage, evaporation and transpiration. This delivery shall be from the Hillsborough River just above the City’s dam to the base of the City’s dam, and shall supplement diversions from Sulphur Springs, Blue Sink and Morris Bridge Sink, as they are implemented, and as described in subparagraphs 40D-80.073(4)(b)1., 3., 6. and 8., F.A.C.

B. The TBC middle pool diversions will be limited to the quantity needed to achieve the minimum flow requirements of the Lower Hillsborough River set forth in subsection 40D-8.041(1), F.A.C., but will not exceed 7.1 million gallons on any given day.

C. Such diversions shall cease from the TBC middle pool if the elevation difference between the TBC middle and lower pools exceeds 7.0 feet.

D. On days when flow over the Hillsborough River Dam naturally exceeds 20 cfs during the months of July through March or 24 cfs during the months of April through June and when diversions from the TBC middle pool are not needed to replenish the supply from Storage Projects described in paragraphs 40D-80.073(4)(c) and (d), F.A.C., diversions from the TBC middle pool shall not occur, and any flows in the TBC lower pool above elevation 9.0 feet NGVD (1929 or its 1988 equivalent), shall be available for water supply.

E. Prior to October 1, 2013, and during the months of March through June, on days when some water is needed from the TBC middle pool to help meet the minimum flow for the Lower Hillsborough River, all available water from the TBC middle pool not needed to be diverted in accordance with SWFWMD Water Use Permit No. 20006675 but not exceeding 7.1 million gallons on any given day will be diverted to the Hillsborough River. Water delivered to the Hillsborough River in excess of that needed to help meet the minimum flow of the Lower Hillsborough River shall remain in the Hillsborough River above the dam. Keeping this water in the Hillsborough River above the dam will reduce the time and quantities of supplemental flow needed to help meet the minimum flow requirements.

F. During the months of July through February, on days when water is needed from the TBC middle pool to help meet the minimum flow of the Lower Hillsborough River, only that amount of water needed to help meet the minimum flow but not in excess of 7.1 million gallons on any given day shall be diverted from the TBC middle pool to the Hillsborough River, and any water in the TBC middle and lower pools above elevations 12.0 and 9.0 feet NGVD (1929 or its 1988 equivalent), respectively, shall be available for water supply.

(ii) Priority Source Two – Diversions When the TBC Middle Pool is above 12.0 feet NGVD (1929 or its 1988 equivalent), and the Flow Over the District's Structure 162 is Less Than 11 cfs – On days when the TBC middle pool is above 12.0 feet NGVD (1929 or its 1988 equivalent), as measured by the downstream gauge at the District’s Structure 161, and the flow over the District’s Structure 162 is less than 11 cfs, the District shall divert water from the TBC middle pool to the Hillsborough River.

A. The District shall then deliver 75 percent of any water diverted from the TBC middle pool to the Hillsborough River under this provision to the Lower Hillsborough River. Delivery of 75 percent of the water diverted from the TBC addresses concerns about potential losses due to subsurface leakage, evaporation and transpiration. This delivery shall be from the Hillsborough River just above the City’s dam to immediately below the City’s dam, and shall supplement diversions from Sulphur Springs, Blue Sink and Morris Bridge Sink, as they are implemented, and as described in subparagraphs 40D-80.073(4)(b)1., 3., 6. and 8., F.A.C.

B. The TBC middle pool diversions will be limited to the quantity needed to achieve the minimum flow requirements of the Lower Hillsborough River, but will not exceed 7.1 million gallons on any given day.

I. On days such diversions occur, the District will divert from the TBC lower pool to the TBC middle pool quantity equivalent to that diverted by the District from the TBC middle pool to the Hillsborough River.

II. Such diversions shall cease from both the TBC middle and lower pool when the stage of the TBC lower pool reaches 6.0 feet NGVD (1929 or its 1988 equivalent), as measured by the gauge at the District's Structure 160, or the elevation difference between the TBC middle and lower pools exceeds 7.0 feet.

C. Once the stage in the TBC lower pool is below 8.7 feet NGVD (1929 or its 1988 equivalent), withdrawals from this priority source to help meet the minimum flow for the lower Hillsborough River are considered withdrawals from the storage of the TBC lower pool. When the stage in the TBC lower pool is below 8.7 feet NGVD (1929 or its 1988 equivalent), the following restrictions apply:

I. At no time shall withdrawals from the lower pool to help meet the minimum flow for the lower Hillsborough River cause the stage in the lower pool to go below 6.0 feet NGVD (1929 or its 1988 equivalent), or cause the elevation difference between the TBC middle and lower pools to exceed 7.0 feet, as measured on either side of the District’s Structure 162.

II. If supplemental flows are required to help meet the lower Hillsborough River minimum flow from this Priority Source, once withdrawals begin from storage they will continue until the TBC lower pool reaches an elevation of 6.0 feet NGVD (1929 or its 1988 equivalent). At such time as either of the conditions set forth in sub-subparagraph 40D-80.073(4)(b)2.(ii)C.I., F.A.C., above, are met, the District shall cease withdrawals from the TBC lower pool. The District shall only reinitiate withdrawals from the TBC lower pool when its elevation equals or exceeds 9.0 feet NGVD (1929 or its 1988 equivalent), for 20 consecutive days, which is defined as the TBC lower pool replenishment.

III. The total withdrawn from storage on any given day shall not exceed 7.1 million gallons on any given day.

IV. Withdrawals from storage will be limited to the quantity needed to help achieve the minimum flow requirements of the Lower Hillsborough River after utilizing the quantity diverted from all other sources, as they are implemented, and as described in paragraphs 40D-80.073(4)(b), (c) and (d), F.A.C.

(iii) Priority Source Three – Diversions When TBC Middle Pool Elevations are Between 10.0 and 12.0 Feet NGVD (1929 or its 1988 equivalent) – The District will make all reasonable efforts to obtain authorization from the United States Army Corps of Engineers to allow the withdrawals of up to 7.1 million gallons on any given day from the TBC middle pool to aid in the Lower Hillsborough River minimum flow requirements when the TBC middle pool is below 12.0 feet and above 10.0 feet NGVD (1929 or its 1988 equivalent).

A. These diversions will only occur when the stage of the TBC lower pool has reached 6.0 feet NGVD (1929 or its 1988 equivalent), or the TBC lower pool is in a state of replenishment as described in sub-subparagraph 40D-80.073(4)(b)2.(ii)C.II., F.A.C. These diversions will be limited to the quantity needed to help achieve the minimum flow requirements of the Lower Hillsborough River after utilizing the quantity diverted from all other sources, as they are implemented, and as described in paragraphs 40D-80.073(4)(b), (c) and (d), F.A.C., but will not exceed 7.1 million gallons on any given day.

B. These diversions shall cease if the elevation difference between the Hillsborough River and TBC middle pool exceeds 9.5 feet, if approved by the United States Army Corps of Engineers, as measured on either side of the District’s Structure 161, or if the elevation difference between the TBC middle and lower pools exceeds 7.0 feet, as measured on either side of the District's Structure 162.

C. Diversions associated with this provision will not occur until the water transmission pipeline as set forth in subparagraph 40D-80.073(4)(b)7., F.A.C., is completed or by October 1, 2013, whichever is sooner. Once the stage in the TBC middle pool is below 12.0 feet NGVD (1929 or its 1988 equivalent), withdrawals to help meet the minimum flow for the Lower Hillsborough River are considered withdrawals from the storage of the TBC middle pool. When the stage is below 12.0 feet NGVD (1929 or its 1988 equivalent), the following restrictions apply:

I. At no time shall withdrawals from the TBC middle pool to help meet the minimum flow for the Lower Hillsborough River cause the stage in the middle pool to go below 10.0 feet NGVD (1929 or 1988 equivalent), or cause the elevation difference between the TBC middle pool and Hillsborough River to exceed 9.5 feet, as measured on either side of the District’s Structure 161, or cause the elevation difference between the TBC middle and lower pools to exceed 7.0 feet, as measured on either side of the District’s Structure 162.

II. If supplemental flows are required to help meet the Lower Hillsborough River minimum flow from this Priority Source, once withdrawals begin from storage they will continue until the TBC middle pool reaches an elevation of 10.0 feet NGVD (1929 or its 1988 equivalent). At such time as either of the conditions set forth in sub-subparagraph 40D-80.073(4)(b)2.c.(iii)C.I., F.A.C., above, are met, the District shall cease withdrawals from the TBC middle pool. The District shall only reinitiate withdrawals from the TBC middle pool when its elevation equals or exceeds 12.0 feet NGVD (1929 or its 1988 equivalent), for 20 consecutive days, which is defined as the TBC Pool Replenishment, and there is less than 11 cfs of flow over the District's Structure 162.

III. The total withdrawn from storage on any one day shall not exceed 7.1 million gallons.

IV. Withdrawals from storage will be limited to the quantity needed to help achieve the minimum flow requirements of the Lower Hillsborough River after utilizing the quantity diverted from all other sources, as they are implemented, and as described in paragraphs 40D-80.073(4)(b), (c) and (d), F.A.C.

3. Sulphur Springs Project.

a. By October 1, 2009, and as specified in the Agreement, the City shall complete the modification of the lower weir to provide to the base of the dam all available flow from Sulphur Springs not needed to maintain the minimum flow for manatees as set forth in paragraph 40D-8.041(2)(b), F.A.C.

b. By October 1, 2010, the City shall complete the construction of the upper gates and the pump station to provide to the base of the dam all available flow from Sulphur Springs not needed to maintain the minimum flow for manatees as set forth in paragraph 40D-8.041(2)(b), F.A.C.

c. By October 1, 2012, and as specified in the Agreement, the City is to provide to the base of the dam all available flow, from Sulphur Springs not needed to maintain the minimum flow for Sulphur Springs as set forth in paragraph 40D-8.041(2)(a), F.A.C.

(i) These diversions shall not exceed 11.6 million gallons on any given day.

(ii) The City is authorized to use any remaining quantities at Sulphur Springs for water supply purposes consistent with SWFWMD Water Use Permit No. 20002062.

d. Additionally, beginning on October 1, 2010, on days when the minimum flow requirements are being adjusted for the Lower Hillsborough River, as described in paragraph 40D-8.041(1)(b), F.A.C., and there is flow at Sulphur Springs in excess of the quantity needed to help meet the adjusted flow as described in paragraph 40D-8.041(1)(b), F.A.C., and the minimum flow requirements in paragraph 40D-8041(2)(b), F.A.C., and the City is not using such flow to augment the Hillsborough River above the dam, the City shall move such quantity to the base of the City’s dam up to the unadjusted quantities described in paragraph 40D-8.041(1)(b), F.A.C.

4. Blue Sink Analysis – By October 1, 2010, and as specified in the Agreement, the City in cooperation with the District shall complete a thorough cost/benefit analysis to divert all available flow from Blue Sink in north Tampa to a location to help meet the minimum flow or to the base of the City’s dam.

5. Transmission Pipeline Evaluation – By October 1, 2010, and as specified in the Agreement, the City shall complete a thorough design development evaluation to construct a water transmission pipeline from the TBC middle pool to the City’s David L. Tippin Water Treatment Facility, including a spur to just below the City's dam.

6. Blue Sink Project – By October 1, 2011, and as specified in the Agreement, the City will provide all available flow from Blue Sink project to help meet the minimum flow provided that all required permits are approved, and it is determined that the project is feasible. Once developed, all water from this source shall be used to the extent that flow is available to help meet the minimum flow for the Lower Hillsborough River.

7. Transmission Pipeline Project – By October 1, 2013, and as specified in the Agreement, the City shall complete the water transmission pipeline described in subparagraph 40D-80.073(4)(b)5., F.A.C., and move the water the District will move as specified in sub-paragraphs 40D-80.073(4)(b)2. and 8., F.A.C., to the Lower Hillsborough River directly below the dam as needed to help meet the minimum flow or to transport water in accordance with SWFWMD Water Use Permit No. 20006675.

a. This transmission line will eliminate all adjustment for losses described in subparagraphs 40D-80.073(4)(b)2. and 8., F.A.C.

b. Additionally, the City will provide an additional flow of 1.9 million gallons each day to the base of the dam from the TBC middle pool provided that water is being transported in accordance with SWFWMD Water Use Permit No. 20006675. This additional 1.9 million gallons each day is anticipated to be part of the water savings associated with this transmission pipeline.

c. Once the pipeline is completed, the 1.9 million gallons each day of additional flow provided by the City as part of the water savings associated with the pipeline will be used in preference to all other sources except Sulphur Springs and Blue Sink to help meet the minimum flow for the Lower Hillsborough River.

d. In the event that this pipeline is not substantially completed by October 1, 2013, or that the City did not provide the District with a minimum ninety (90) days notice prior to October 1, 2013, of the delay of completion of the pipe due to circumstances beyond its control, then, the City will be responsible for delivering the flows the District was previously obligated to divert from the TBC middle pool to the Hillsborough River and then to immediately below the City’s dam under subparagraphs 40D-80.073(4)(b)2. and 8., F.A.C.; except that the District shall continue to be responsible to pump water from the TBC lower pool to the middle pool as described in sub-subparagraph 40D-80.073(4)(b)2.b., F.A.C., and from Morris Bridge Sink to the TBC middle pool as described in subparagraph 40D-80.073(4)(b)8., F.A.C.

e. The City shall also provide the 1.9 million gallons each day if needed to help meet the flow described in this provision, from some other permitable source and is obligated to do so pursuant to d. above.

8. Morris Bridge Sink Project.

a. By October 1, 2012, or earlier, and upon completion of the project, provided that any permit that may be required is approved, the District shall divert up to 3.9 million gallons of water on any given day from the Morris Bridge Sink to the TBC middle pool.

(i) The Morris Bridge Sink diversions will be limited to the quantity needed to achieve the minimum flow requirements of the Lower Hillsborough River, after utilizing the quantity diverted from Sulphur Springs, Blue Sink and the 1.9 million gallons of water savings each day anticipated from the transmission pipeline, as they are implemented, and as described in subparagraphs 40D-80.073(4)(b)1., 3., 6. and 7., F.A.C.

(ii) However, on days when TBW does not draw the TBC lower pool down to 9.0 feet NGVD (1929 or its 1988 equivalent) for water supply purposes, and supplemental flow is needed for the Lower Hillsborough River minimum flow requirements beyond water that can be delivered from Sulphur Springs, Blue Sink and the 1.9 million gallons of water savings each day anticipated from the transmission pipeline described in subparagraphs 40D-80.073(4)(b)1., 3., 6. and 7., F.A.C., the District shall divert up to 7.1 million gallons on any given day from the TBC lower pool to the TBC middle pool prior to diverting flows from the Morris Bridge Sink to the TBC middle pool.

(iii) The District shall cease to divert water from the TBC lower pool under this provision once the elevation of the TBC lower pool reaches 9.0 feet NGVD (1929 or its 1988 equivalent).

b. Prior to the completion of the pipeline described in subparagraph 40D-80.073(4)(b)7., F.A.C., the District shall transfer any water delivered to the TBC middle pool from the Morris Bridge Sink or the TBC lower pool under this provision to the Hillsborough River near the District’s Structure 161.

(i) These deliveries shall be made on the same day the District delivers water from the Morris Bridge Sink or the TBC lower pool.

(ii) The District shall then deliver 75 percent of any water diverted to the Hillsborough River under this provision to the Lower Hillsborough River. This delivery shall be from the Hillsborough River just above the City’s dam to immediately below the City’s dam.

(iii) The deliveries of the water from the Morris Bridge Sink to the TBC middle pool then on to the Hillsborough River are in addition to any other diversions from the TBC middle pool to the Hillsborough River described in subparagraphs 40D-80.073(4)(b)2. and 8., F.A.C.

c. Once the City completes the water transmission pipeline described in subparagraphs 40D-80.073(4)(b)5. and 7., F.A.C., or as may be otherwise responsible for delivering the flows the District was previously obligated to divert pursuant to subparagraph 40D-80.073(4)(b)7., F.A.C., the City shall move any water the District delivers to the TBC middle pool from Morris Bridge Sink or the TBC lower pool under this provision to the Lower Hillsborough River directly below the dam. Such delivery by the City will occur on the same day the District delivers the water from the Morris Bridge Sink or the TBC lower pool to the TBC middle pool.

d. At no time shall withdrawals from the TBC under this provision cause:

(i) The elevation difference between the TBC middle pool and Hillsborough River to exceed 9.5 feet as measured on either side of the District's Structure 161; or

(ii) The elevation difference between the TBC middle and lower pools to exceed 7.0 feet as measured on either side of the District's Structure 162.

9. Beginning October 1, 2017, the City shall be required to meet the minimum flows at the base of the dam as set forth in subsection 40D-8.041(1), F.A.C.

(c) The City and the District shall, as specified in the Agreement, cooperate in the evaluation of options for storage of water (“Storage Projects”) such as aquifer storage and recovery (ASR), and additional source options (e.g., diversions from Morris Bridge Sink greater than those described in subparagraph 40D-80.073(4)(b)8., F.A.C.), in sufficient permitable quantities, that upon discharge to the base of the dam, together with the other sources of flow described in paragraph 40D-80.073(4)(b), F.A.C., will meet the minimum flows beginning October 1, 2017, or earlier.

(d) The City may propose for District approval additional source or storage projects that when completed may be used in lieu of all or part of one or more sources described in subparagraphs 40D-80.073(4)(b)2.-8., F.A.C.

(e) Any District sponsored project, which shall include evaluation of up to 3.9 million gallons per day of additional quantities other than those identified in subparagraph 40D-80.073(4)(b)8., F.A.C., from the Morris Bridge Sink, shall be implemented by the District no later than October 1, 2017, provided that it is deemed feasible by the District, to eliminate or reduce the need to divert water from the TBC middle and lower pool storage as described in subparagraph 40D-80.073(4)(b)2., F.A.C. Such projects shall be implemented only after receiving any required permits.

(f) Each spring, beginning in 2008, the District shall review the recovery strategy to assess the progress of implementation of the recovery strategy and report that progress to the Governing Board. This annual review and report shall include identification of the Storage Projects or other additional sources options that will be operational by October 1, 2017. If and when developed, Storage Projects or other additional source options to supply supplemental flows to meet the minimum flow will be used in preference to removal of water from storage in either the middle or lower pools of the TBC as described in paragraph 40D-80.073(4)(b), F.A.C.

(g) The City and the District shall continue the existing monitoring and analysis of the water resources within the Lower Hillsborough River and the District shall provide this information to the Governing Board as part of the annual review and report described in paragraph (4)(d), above.

(h) In 2013, and for each five year period through 2023, the District shall evaluate the hydrology, dissolved oxygen, salinity, temperature, pH and biologic results achieved from implementation of the recovery strategy for the prior five years, including the duration, frequency and impacts of the adjusted minimum flow as described in paragraph 40D-8.041(1)(b), F.A.C. As part of the evaluation the District will assess the recording systems used to monitor these parameters. The District shall also monitor and evaluate the effect the Recovery Strategy is having on water levels in the Hillsborough River above the City’s dam to at least Fletcher Avenue. The District will evaluate all projects described in this Recovery Strategy relative to their potential to cause unacceptable adverse impacts prior to their implementation.

(i) In conjunction with recovery of the Lower Hillsborough River and to enhance restoration of McKay Bay and Palm River estuary, the District intends to undertake a wetland restoration project adjacent to McKay Bay. The City agrees to contribute to the project by providing up to 7.1 million gallons on any given day of reclaimed water, as needed for the project. Within five years of completion of this wetland project, and for two subsequent five year periods thereafter, the District shall review the hydrologic, dissolved oxygen, salinity, temperature, pH and biologic results achieved from the implementation of the restoration project and other similar District projects that may occur.

(4)(5) Comprehensive Plan Recovery Strategy Elements Relating to Other Existing Water Use Permittees.

In conjunction with the development of a recovery strategy developed pursuant to Section 373.0421(2), F.S., and in addition to applicable permitting requirements contained in Rule 40D-2.301, F.A.C., existing permittees whose water withdrawals impact Minimum Flows or Levels will be evaluated upon permit renewal to determine the permittee’s practical ability to implement measures to reduce its impacts on the Flow or Level or unacceptably adversely impacted environmental feature during the period of recovery. For purposes of this Chapter, in areas where the existing flow or level is below the Minimum Flow or Level, any measurable drawdown or flow reduction at a location where a Minimum Flow or Level is established or to an or unacceptably adversely impacted environmental feature is deemed to be a water withdrawal impact. The items that shall be considered in determining the permittee’s responsibility to implement measures to reduce impacts are:

(a) The proportionate amount of impact that the permittee’s water withdrawals have on the Minimum Flow or Level or other unacceptably adverse impact;

(b) The cost to the permittee to implement the measures;

(c) The time that it will take the permittee to fully implement the measures;

(d) Any unavoidable public health, safety or welfare emergency that would be caused by implementation of the measures;

(e) Whether the water resources benefits gained from implementation of the permittee’s measures to attain the Minimum Flow or Level or mitigate the unacceptably adversely impacted environmental feature outweigh water resources impacts that may result from the measures; and

(f) Alternative actions or programs in lieu of or in combination with reductions in withdrawals that will contribute to the attainment of the Minimum Flow or Level or mitigate the unacceptably adversely impacted environmental feature and will optimize the net positive effect on the impacted water resources.

(5)(6) Supplemental Hydration of Wetlands and Lakes.

In addition to the reduction of groundwater withdrawals pumpage, the development of new water supplies and wellfield operational changes addressed by the Comprehensive Plan recovery strategy, provisions, of this Rule 40D-80.073, supplemental hydration of wetlands and lakes that are unacceptably adversely impacted or are below their established Minimum Levels through the use of ground water in appropriate circumstances will contribute to the attainment of the objective of the Comprehensive Plan recovery strategy. The circumstances under which supplemental hydration using ground water will be considered an appropriate recovery mechanism are set forth in Section 4.3 A.1.a.ii.(4) and 4.3 A.1.b. of the Basis of Review For Water Use Permit Applications which is incorporated by reference in Rule 40D-2.091, F.A.C., and is available upon request to the District.

(6)(7) Applications for New Quantities.

Requests for withdrawals of new quantities of water that are projected to impact a water body which is unacceptably adversely impacted or below its Minimum Flow or Level shall not be approved unless they contribute to the attainment of the objective set forth in the Comprehensive Plan recovery strategy in subsection Rule 40D-80.073(1), F.A.C.

(7)(8) 2020 2010 Evaluation of the Comprehensive Plan Recovery Strategy.

The District shall review the information available during 2020 to determine whether it is sufficient to fully assess remaining impacts from Tampa Bay Water’s Central System Facilities at a withdrawal rate of 90 MGD on a 12-month moving average basis. This information will be considered when developing a strategy for the second renewal of the Consolidated Permit and a third phase of the Comprehensive Plan. Additionally, the District will determine whether the third phase of the Comprehensive Plan is necessary to address other permittees. This recovery strategy is in keeping with the District’s legislative mandate pursuant to Sections 373.036, 373.0361, 373.0421, 373.0831, 373.1962 and 373.1963, F.S., to resolve the water supply and water resource impact concerns of the Northern Tampa Bay Area in a cooperative manner with the water suppliers and interested parties. The portion of the District’s recovery strategy embodied within this Rule 40D-80.073, F.A.C., is the first regulatory phase of a long-term approach toward eventual attainment of the minimum flows and levels established in Chapter 40D-8, F.A.C., for priority waters in the Northern Tampa Bay Area. Except as to subsection 40D-80.073(4), F.A.C., this phase of the recovery strategy is through the year 2010 based on the current knowledge of the state of the water resources of the Area, the technology for water supply development including alternative sources and conservation and existing and future reasonable-beneficial uses. In addition, it is possible that this phase will achieve recovery to the minimum flows and levels but it is impossible to determine whether this will occur given that it is unknown which recovery management mechanisms will be utilized by water use permittees. Except as to the Lower Hillsborough River, Sulphur Springs and the Tampa Bypass Canal, the District will evaluate the state of knowledge of these matters in 2010, including analysis of all information and reports submitted pursuant to Rule 40D-80.073(3)(c), F.A.C., data collected and analyzed and relationships determined pursuant to subsection 40D-8.011(5), F.A.C., regarding the minimum flows and levels for the priority waters in the area (The “MFLs”) and the Central System Facilities. Based on that analysis and evaluation, on or before December 31, 2010, except as to the Lower Hillsborough River, Sulphur Springs and the Tampa Bypass Canal, the District shall initiate rulemaking to 1) revise the MFLs (the “New MFLs”), as necessary; 2) adopt rules to implement the existing or the New MFLs (The “Implementation Rules”); and 3) revise this Rule 40D-80.073, F.A.C., to incorporate a second phase to this Recovery Strategy (“Recovery Strategy Rules”), as necessary, consistent with Subsection 373.0421(2), F.S. In the event that the District determines that it is not necessary to initiate rulemaking to adopt New MFLs, and a substantially affected person is granted an administrative hearing to challenge the Implementation Rules or the Recovery Strategy Rules, and the MFL Rules, the District will not object to a motion to consolidate the hearings.

(8) Hillsborough River Strategy.

Beginning November 25, 2007, the Minimum Flow for the Lower Hillsborough River shall be as provided in subsection 40D-8.041(1), F.A.C., to be achieved on the time schedule as set forth below. The District and the City of Tampa (City) shall measure the delivery of water to the base of the dam relative to their respective elements as described below. The City shall report this information to the District monthly on the 15th day of the following month. In addition, the City shall submit a quarterly written report of all activities and all progress towards timely completion of its elements of the recovery strategy. Such reports will be submitted to the District within 15 calendar days after each calendar year quarter.

(a) The District and the City have entered into the Joint Funding Agreement Between The Southwest Florida Water Management District and The City of Tampa For Implementation of Recovery Projects To Meet Minimum Flows Of The Lower Hillsborough River (the “Agreement”). The Agreement and subsection 40D-80.073(8), F.A.C., constitute the District’s recovery strategy for the Lower Hillsborough River required by Section 373.0421(2), F.S., and shall not compromise public health, safety and welfare.

(b) The schedule to achieve the Minimum Flows for the Lower Hillsborough River is as follows:

1. Sulphur Springs – Beginning on November 25, 2007, the City shall be required to provide 10 cubic feet per second (cfs) of water to the base of the City’s dam each day provided such use will not compromise public health, safety and welfare.

2. Tampa Bypass Canal Diversions – By January 1, 2008, provided that any permit that may be required is approved, the District shall divert up to 7.1 million gallons of water on any given day from the District’s Tampa Bypass Canal (“TBC”) to the Hillsborough River at the District’s Structure 161. The District shall then deliver water from the Hillsborough River immediately above the City’s dam to the base of the City’s dam to help meet the minimum flow requirements of the Lower Hillsborough River. Such diversions shall not occur if public health, safety and welfare will be compromised.

a. The District shall complete a comprehensive analysis of these diversions within 90 days of the first year of operation to identify and subsequently make any mechanical or efficiency adjustments that may be necessary. The District shall use its best efforts to expedite obtaining any permit that may be needed to undertake these actions.

b. By October 1, 2013, provided that the transmission pipeline has been constructed and is operational, all of the water diverted from the TBC middle pool under this provision to help meet the minimum flow shall be provided to the Lower Hillsborough River per subparagraph 40D-80.073(8)(b)7., F.A.C.

c. These diversions shall be prioritized as follows:

(i) Priority Source One – Diversions From the TBC Middle Pool When the TBC Middle Pool is Above 12.0 feet NGVD (1929 or its 1988 equivalent), and There is Flow of at Least 11 cfs Over the District’s Structure 162 – On days when the TBC middle pool is above 12.0 feet NGVD (1929 or its 1988 equivalent), as measured by the downstream gauge at the District’s Structure 161, and there is flow of at least 11 cfs over the District’s Structure 162, the District shall divert water from the TBC middle pool to the Hillsborough River.

A. The District shall then deliver 75 percent of any water diverted from the TBC to the Hillsborough River under this provision to the Lower Hillsborough River. Delivery of 75 percent of the water diverted from the TBC addresses concerns about potential losses due to subsurface leakage, evaporation and transpiration. This delivery shall be from the Hillsborough River just above the City’s dam to the base of the City’s dam, and shall supplement diversions from Sulphur Springs, Blue Sink and Morris Bridge Sink, as they are implemented, and as described in subparagraphs 40D-80.073(8)(b)1., 3., 6. and 8., F.A.C.

B. The TBC middle pool diversions will be limited to the quantity needed to achieve the minimum flow requirements of the Lower Hillsborough River set forth in subsection 40D-8.041(1), F.A.C., but will not exceed 7.1 million gallons on any given day.

C. Such diversions shall cease from the TBC middle pool if the elevation difference between the TBC middle and lower pools exceeds 7.0 feet.

D. On days when flow over the Hillsborough River Dam naturally exceeds 20 cfs during the months of July through March or 24 cfs during the months of April through June and when diversions from the TBC middle pool are not needed to replenish the supply from Storage Projects described in paragraphs 40D-80.073(8)(c) and (d), F.A.C., diversions from the TBC middle pool shall not occur, and any flows in the TBC lower pool above elevation 9.0 feet NGVD (1929 or its 1988 equivalent), shall be available for water supply.

E. Prior to October 1, 2013, and during the months of March through June, on days when some water is needed from the TBC middle pool to help meet the minimum flow for the Lower Hillsborough River, all available water from the TBC middle pool not needed to be diverted in accordance with SWFWMD Water Use Permit No. 20006675 but not exceeding 7.1 million gallons on any given day will be diverted to the Hillsborough River. Water delivered to the Hillsborough River in excess of that needed to help meet the minimum flow of the Lower Hillsborough River shall remain in the Hillsborough River above the dam. Keeping this water in the Hillsborough River above the dam will reduce the time and quantities of supplemental flow needed to help meet the minimum flow requirements.

F. During the months of July through February, on days when water is needed from the TBC middle pool to help meet the minimum flow of the Lower Hillsborough River, only that amount of water needed to help meet the minimum flow but not in excess of 7.1 million gallons on any given day shall be diverted from the TBC middle pool to the Hillsborough River, and any water in the TBC middle and lower pools above elevations 12.0 and 9.0 feet NGVD (1929 or its 1988 equivalent), respectively, shall be available for water supply.

(ii) Priority Source Two – Diversions When the TBC Middle Pool is above 12.0 feet NGVD (1929 or its 1988 equivalent), and the Flow Over the District's Structure 162 is Less Than 11 cfs – On days when the TBC middle pool is above 12.0 feet NGVD (1929 or its 1988 equivalent), as measured by the downstream gauge at the District’s Structure 161, and the flow over the District’s Structure 162 is less than 11 cfs, the District shall divert water from the TBC middle pool to the Hillsborough River.

A. The District shall then deliver 75 percent of any water diverted from the TBC middle pool to the Hillsborough River under this provision to the Lower Hillsborough River. Delivery of 75 percent of the water diverted from the TBC addresses concerns about potential losses due to subsurface leakage, evaporation and transpiration. This delivery shall be from the Hillsborough River just above the City’s dam to immediately below the City’s dam, and shall supplement diversions from Sulphur Springs, Blue Sink and Morris Bridge Sink, as they are implemented, and as described in subparagraphs 40D-80.073(8)(b)1., 3., 6. and 8., F.A.C.

B. The TBC middle pool diversions will be limited to the quantity needed to achieve the minimum flow requirements of the Lower Hillsborough River, but will not exceed 7.1 million gallons on any given day.

I. On days such diversions occur, the District will divert from the TBC lower pool to the TBC middle pool quantity equivalent to that diverted by the District from the TBC middle pool to the Hillsborough River.

II. Such diversions shall cease from both the TBC middle and lower pool when the stage of the TBC lower pool reaches 6.0 feet NGVD (1929 or its 1988 equivalent), as measured by the gauge at the District's Structure 160, or the elevation difference between the TBC middle and lower pools exceeds 7.0 feet.

C. Once the stage in the TBC lower pool is below 8.7 feet NGVD (1929 or its 1988 equivalent), withdrawals from this priority source to help meet the minimum flow for the lower Hillsborough River are considered withdrawals from the storage of the TBC lower pool. When the stage in the TBC lower pool is below 8.7 feet NGVD (1929 or its 1988 equivalent), the following restrictions apply:

I. At no time shall withdrawals from the lower pool to help meet the minimum flow for the lower Hillsborough River cause the stage in the lower pool to go below 6.0 feet NGVD (1929 or its 1988 equivalent), or cause the elevation difference between the TBC middle and lower pools to exceed 7.0 feet, as measured on either side of the District’s Structure 162.

II. If supplemental flows are required to help meet the lower Hillsborough River minimum flow from this Priority Source, once withdrawals begin from storage they will continue until the TBC lower pool reaches an elevation of 6.0 feet NGVD (1929 or its 1988 equivalent). At such time as either of the conditions set forth in sub-subparagraph 40D-80.073(8)(b)2.(ii)C.I., F.A.C., above, are met, the District shall cease withdrawals from the TBC lower pool. The District shall only reinitiate withdrawals from the TBC lower pool when its elevation equals or exceeds 9.0 feet NGVD (1929 or its 1988 equivalent), for 20 consecutive days, which is defined as the TBC lower pool replenishment.

III. The total withdrawn from storage on any given day shall not exceed 7.1 million gallons on any given day.

IV. Withdrawals from storage will be limited to the quantity needed to help achieve the minimum flow requirements of the Lower Hillsborough River after utilizing the quantity diverted from all other sources, as they are implemented, and as described in paragraphs 40D-80.073(8)(b), (c) and (d), F.A.C.

(iii) Priority Source Three – Diversions When TBC Middle Pool Elevations are Between 10.0 and 12.0 Feet NGVD (1929 or its 1988 equivalent) – The District will make all reasonable efforts to obtain authorization from the United States Army Corps of Engineers to allow the withdrawals of up to 7.1 million gallons on any given day from the TBC middle pool to aid in the Lower Hillsborough River minimum flow requirements when the TBC middle pool is below 12.0 feet and above 10.0 feet NGVD (1929 or its 1988 equivalent).

A. These diversions will only occur when the stage of the TBC lower pool has reached 6.0 feet NGVD (1929 or its 1988 equivalent), or the TBC lower pool is in a state of replenishment as described in sub-subparagraph 40D-80.073(8)(b)2.(ii)C.II., F.A.C. These diversions will be limited to the quantity needed to help achieve the minimum flow requirements of the Lower Hillsborough River after utilizing the quantity diverted from all other sources, as they are implemented, and as described in paragraphs 40D-80.073(8)(b), (c) and (d), F.A.C., but will not exceed 7.1 million gallons on any given day.

B. These diversions shall cease if the elevation difference between the Hillsborough River and TBC middle pool exceeds 9.5 feet, if approved by the United States Army Corps of Engineers, as measured on either side of the District’s Structure 161, or if the elevation difference between the TBC middle and lower pools exceeds 7.0 feet, as measured on either side of the District's Structure 162.

C. Diversions associated with this provision will not occur until the water transmission pipeline as set forth in subparagraph 40D-80.073(8)(b)7., F.A.C., is completed or by October 1, 2013, whichever is sooner. Once the stage in the TBC middle pool is below 12.0 feet NGVD (1929 or its 1988 equivalent), withdrawals to help meet the minimum flow for the Lower Hillsborough River are considered withdrawals from the storage of the TBC middle pool. When the stage is below 12.0 feet NGVD (1929 or its 1988 equivalent), the following restrictions apply:

I. At no time shall withdrawals from the TBC middle pool to help meet the minimum flow for the Lower Hillsborough River cause the stage in the middle pool to go below 10.0 feet NGVD (1929 or 1988 equivalent), or cause the elevation difference between the TBC middle pool and Hillsborough River to exceed 9.5 feet, as measured on either side of the District’s Structure 161, or cause the elevation difference between the TBC middle and lower pools to exceed 7.0 feet, as measured on either side of the District’s Structure 162.

II. If supplemental flows are required to help meet the Lower Hillsborough River minimum flow from this Priority Source, once withdrawals begin from storage they will continue until the TBC middle pool reaches an elevation of 10.0 feet NGVD (1929 or its 1988 equivalent). At such time as either of the conditions set forth in sub-subparagraph 40D-80.073(8)(b)2.c.(iii)C.I., F.A.C., above, are met, the District shall cease withdrawals from the TBC middle pool. The District shall only reinitiate withdrawals from the TBC middle pool when its elevation equals or exceeds 12.0 feet NGVD (1929 or its 1988 equivalent), for 20 consecutive days, which is defined as the TBC Pool Replenishment, and there is less than 11 cfs of flow over the District's Structure 162.

III. The total withdrawn from storage on any one day shall not exceed 7.1 million gallons.

IV. Withdrawals from storage will be limited to the quantity needed to help achieve the minimum flow requirements of the Lower Hillsborough River after utilizing the quantity diverted from all other sources, as they are implemented, and as described in paragraphs 40D-80.073(8)(b), (c) and (d), F.A.C.

3. Sulphur Springs Project.

a. By October 1, 2009, and as specified in the Agreement, the City shall complete the modification of the lower weir to provide to the base of the dam all available flow from Sulphur Springs not needed to maintain the minimum flow for manatees as set forth in paragraph 40D-8.041(2)(b), F.A.C.

b. By October 1, 2010, the City shall complete the construction of the upper gates and the pump station to provide to the base of the dam all available flow from Sulphur Springs not needed to maintain the minimum flow for manatees as set forth in paragraph 40D-8.041(2)(b), F.A.C.

c. By October 1, 2012, and as specified in the Agreement, the City is to provide to the base of the dam all available flow, from Sulphur Springs not needed to maintain the minimum flow for Sulphur Springs as set forth in paragraph 40D-8.041(2)(a), F.A.C.

(i) These diversions shall not exceed 11.6 million gallons on any given day.

(ii) The City is authorized to use any remaining quantities at Sulphur Springs for water supply purposes consistent with SWFWMD Water Use Permit No. 20002062.

d. Additionally, beginning on October 1, 2010, on days when the minimum flow requirements are being adjusted for the Lower Hillsborough River, as described in paragraph 40D-8.041(1)(b), F.A.C., and there is flow at Sulphur Springs in excess of the quantity needed to help meet the adjusted flow as described in paragraph 40D-8.041(1)(b), F.A.C., and the minimum flow requirements in paragraph 40D-8041(2)(b), F.A.C., and the City is not using such flow to augment the Hillsborough River above the dam, the City shall move such quantity to the base of the City’s dam up to the unadjusted quantities described in paragraph 40D-8.041(1)(b), F.A.C.

4. Blue Sink Analysis – By October 1, 2010, and as specified in the Agreement, the City in cooperation with the District shall complete a thorough cost/benefit analysis to divert all available flow from Blue Sink in north Tampa to a location to help meet the minimum flow or to the base of the City’s dam.

5. Transmission Pipeline Evaluation – By October 1, 2010, and as specified in the Agreement, the City shall complete a thorough design development evaluation to construct a water transmission pipeline from the TBC middle pool to the City’s David L. Tippin Water Treatment Facility, including a spur to just below the City's dam.

6. Blue Sink Project – By October 1, 2011, and as specified in the Agreement, the City will provide all available flow from Blue Sink project to help meet the minimum flow provided that all required permits are approved, and it is determined that the project is feasible. Once developed, all water from this source shall be used to the extent that flow is available to help meet the minimum flow for the Lower Hillsborough River.

7. Transmission Pipeline Project – By October 1, 2013, and as specified in the Agreement, the City shall complete the water transmission pipeline described in subparagraph 40D-80.073(8)(b)5., F.A.C., and move the water the District will move as specified in sub-paragraphs 40D-80.073(8)(b)2. and 8., F.A.C., to the Lower Hillsborough River directly below the dam as needed to help meet the minimum flow or to transport water in accordance with SWFWMD Water Use Permit No. 20006675.

a. This transmission line will eliminate all adjustment for losses described in subparagraphs 40D-80.073(8)(b)2. and 8., F.A.C.

b. Additionally, the City will provide an additional flow of 1.9 million gallons each day to the base of the dam from the TBC middle pool provided that water is being transported in accordance with SWFWMD Water Use Permit No. 20006675. This additional 1.9 million gallons each day is anticipated to be part of the water savings associated with this transmission pipeline.

c. Once the pipeline is completed, the 1.9 million gallons each day of additional flow provided by the City as part of the water savings associated with the pipeline will be used in preference to all other sources except Sulphur Springs and Blue Sink to help meet the minimum flow for the Lower Hillsborough River.

d. In the event that this pipeline is not substantially completed by October 1, 2013, or that the City did not provide the District with a minimum ninety (90) days notice prior to October 1, 2013, of the delay of completion of the pipe due to circumstances beyond its control, then, the City will be responsible for delivering the flows the District was previously obligated to divert from the TBC middle pool to the Hillsborough River and then to immediately below the City’s dam under subparagraphs 40D-80.073(8)(b)2. and 8., F.A.C.; except that the District shall continue to be responsible to pump water from the TBC lower pool to the middle pool as described in sub-subparagraph 40D-80.073(8)(b)2.b., F.A.C., and from Morris Bridge Sink to the TBC middle pool as described in subparagraph 40D-80.073(8)(b)8., F.A.C.

e. The City shall also provide the 1.9 million gallons each day if needed to help meet the flow described in this provision, from some other permitable source and is obligated to do so pursuant to d. above.

8. Morris Bridge Sink Project.

a. By October 1, 2012, or earlier, and upon completion of the project, provided that any permit that may be required is approved, the District shall divert up to 3.9 million gallons of water on any given day from the Morris Bridge Sink to the TBC middle pool.

(i) The Morris Bridge Sink diversions will be limited to the quantity needed to achieve the minimum flow requirements of the Lower Hillsborough River, after utilizing the quantity diverted from Sulphur Springs, Blue Sink and the 1.9 million gallons of water savings each day anticipated from the transmission pipeline, as they are implemented, and as described in subparagraphs 40D-80.073(8)(b)1., 3., 6. and 7., F.A.C.

(ii) However, on days when TBW does not draw the TBC lower pool down to 9.0 feet NGVD (1929 or its 1988 equivalent) for water supply purposes, and supplemental flow is needed for the Lower Hillsborough River minimum flow requirements beyond water that can be delivered from Sulphur Springs, Blue Sink and the 1.9 million gallons of water savings each day anticipated from the transmission pipeline described in subparagraphs 40D-80.073(8)(b)1., 3., 6. and 7., F.A.C., the District shall divert up to 7.1 million gallons on any given day from the TBC lower pool to the TBC middle pool prior to diverting flows from the Morris Bridge Sink to the TBC middle pool.

(iii) The District shall cease to divert water from the TBC lower pool under this provision once the elevation of the TBC lower pool reaches 9.0 feet NGVD (1929 or its 1988 equivalent).

b. Prior to the completion of the pipeline described in subparagraph 40D-80.073(8)(b)7., F.A.C., the District shall transfer any water delivered to the TBC middle pool from the Morris Bridge Sink or the TBC lower pool under this provision to the Hillsborough River near the District’s Structure 161.

(i) These deliveries shall be made on the same day the District delivers water from the Morris Bridge Sink or the TBC lower pool.

(ii) The District shall then deliver 75 percent of any water diverted to the Hillsborough River under this provision to the Lower Hillsborough River. This delivery shall be from the Hillsborough River just above the City’s dam to immediately below the City’s dam.

(iii) The deliveries of the water from the Morris Bridge Sink to the TBC middle pool then on to the Hillsborough River are in addition to any other diversions from the TBC middle pool to the Hillsborough River described in subparagraphs 40D-80.073(8)(b)2. and 8., F.A.C.

c. Once the City completes the water transmission pipeline described in subparagraphs 40D-80.073(8)(b)5. and 7., F.A.C., or as may be otherwise responsible for delivering the flows the District was previously obligated to divert pursuant to subparagraph 40D-80.073(8)(b)7., F.A.C., the City shall move any water the District delivers to the TBC middle pool from Morris Bridge Sink or the TBC lower pool under this provision to the Lower Hillsborough River directly below the dam. Such delivery by the City will occur on the same day the District delivers the water from the Morris Bridge Sink or the TBC lower pool to the TBC middle pool.

d. At no time shall withdrawals from the TBC under this provision cause:

(i) The elevation difference between the TBC middle pool and Hillsborough River to exceed 9.5 feet as measured on either side of the District's Structure 161; or

(ii) The elevation difference between the TBC middle and lower pools to exceed 7.0 feet as measured on either side of the District's Structure 162.

9. Beginning October 1, 2017, the City shall be required to meet the minimum flows at the base of the dam as set forth in subsection 40D-8.041(1), F.A.C.

(c) The City and the District shall, as specified in the Agreement, cooperate in the evaluation of options for storage of water (“Storage Projects”) such as aquifer storage and recovery (ASR), and additional source options (e.g., diversions from Morris Bridge Sink greater than those described in subparagraph 40D-80.073(8)(b)8., F.A.C.), in sufficient permitable quantities, that upon discharge to the base of the dam, together with the other sources of flow described in paragraph 40D-80.073(8)(b), F.A.C., will meet the minimum flows beginning October 1, 2017, or earlier.

(d) The City may propose for District approval additional source or storage projects that when completed may be used in lieu of all or part of one or more sources described in subparagraphs 40D-80.073(8)(b)2.-8., F.A.C.

(e) Any District sponsored project, which shall include evaluation of up to 3.9 million gallons per day of additional quantities other than those identified in subparagraph 40D-80.073(8)(b)8., F.A.C., from the Morris Bridge Sink, shall be implemented by the District no later than October 1, 2017, provided that it is deemed feasible by the District, to eliminate or reduce the need to divert water from the TBC middle and lower pool storage as described in subparagraph 40D-80.073(8)(b)2., F.A.C. Such projects shall be implemented only after receiving any required permits.

(f) Each spring, beginning in 2008, the District shall review the recovery strategy to assess the progress of implementation of the recovery strategy and report that progress to the Governing Board. This annual review and report shall include identification of the Storage Projects or other additional sources options that will be operational by October 1, 2017. If and when developed, Storage Projects or other additional source options to supply supplemental flows to meet the minimum flow will be used in preference to removal of water from storage in either the middle or lower pools of the TBC as described in paragraph 40D-80.073(8)(b), F.A.C.

(g) The City and the District shall continue the existing monitoring and analysis of the water resources within the Lower Hillsborough River and the District shall provide this information to the Governing Board as part of the annual review and report described in paragraph (8)(d), above.

(h) In 2013, and for each five year period through 2023, the District shall evaluate the hydrology, dissolved oxygen, salinity, temperature, pH and biologic results achieved from implementation of the recovery strategy for the prior five years, including the duration, frequency and impacts of the adjusted minimum flow as described in paragraph 40D-8.041(1)(b), F.A.C. As part of the evaluation the District will assess the recording systems used to monitor these parameters. The District shall also monitor and evaluate the effect the Recovery Strategy is having on water levels in the Hillsborough River above the City’s dam to at least Fletcher Avenue. The District will evaluate all projects described in this Recovery Strategy relative to their potential to cause unacceptable adverse impacts prior to their implementation.

(i) In conjunction with recovery of the Lower Hillsborough River and to enhance restoration of McKay Bay and Palm River estuary, the District intends to undertake a wetland restoration project adjacent to McKay Bay. The City agrees to contribute to the project by providing up to 7.1 million gallons on any given day of reclaimed water, as needed for the project. Within five years of completion of this wetland project, and for two subsequent five year periods thereafter, the District shall review the hydrologic, dissolved oxygen, salinity, temperature, pH and biologic results achieved from the implementation of the restoration project and other similar District projects that may occur.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 373.171, 373.0421, 373.0831, 373.1963 FS. History–New 8-3-00, Amended 11-25-07,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Weber, Water Use Permitting Program Director, Strategic Program Office, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4303

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 24, 2009

 

Figure 80-1. Generalized area of surficial aquifer impacts as of 1998 (shaded).