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

Notice of Proposed Rule

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-2.091Publications Incorporated by Reference

PURPOSE AND EFFECT: Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with the implementation of Comprehensive Everglades Restoration Plan (CERP) Projects. For the Caloosahatchee River West Basin Storage Reservoir (C-43 Reservoir) CERP Project, the District has elected to use its water reservation authority described in subsection 373.223(4), F.S.

SUMMARY: This rulemaking is prospective in nature in that the proposed amendment involves a future reservation of water when the C-43 Reservoir becomes operational. The proposed amendment includes language relative to the water reservation and is proposed as new section 3.11.4 of the current “Basis of Review for Water Use Permit Applications within the South Florida Water Management District.”  NOTE: The Basis of Review is proposed to be renamed and reorganized as the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District” through the statewide water use permitting rulemaking referred to as “CUPCon.” The CUPcon amendments will become effective prior to the public hearing scheduled for this rule.  Therefore, proposed new section 3.11.4 is incorporated in the proposed Applicant’s Handbook that is available for viewing at www.sfwmd.gov/rules, CERP Caloosahatchee River (C-43) West Basin Storage Reservoir.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The proposed rules do not impose new consumptive use permitting criteria, require new or additional permit analysis, or restrict the allocation of surface water.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:  As stated in the SERC “it is uncertain when the construction of the C-43 Reservoir will be completed and operational. Therefore, it is premature to attempt to quantify all of the prospective impacts since not all of the possible specific impacts from implementation of the water reservation will be triggered or visible until the project becomes operational. Once the C-43 Reservoir becomes operational, the technical analysis and reservation rule will be revised and an additional SERC will be prepared.”

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

RULEMAKING AUTHORITY: 373.044373.044, 373.113, 373.118, 373.171 FS.

LAW IMPLEMENTED: 373.042373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 10, 2014, 9:00 a.m.

PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: South Florida Water Management District Clerk’s Office, 1(800)432-2045, ext. 2087 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Don Medellin, Principal Scientist, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6340 or [phone], or Jennifer Bokankowitz, Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 2258 or [phone]. For procedural issues, contact Jan Sluth, Senior Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6299 or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-2.091 Publications Incorporated by Reference.

The “Applicant’s Handbook Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ________________ July 21, 2013,”   hyperlink   , is incorporated by reference herein, and requires the use of the following forms, which are also incorporated by reference herein:

(1) through (6) No change.

The “Applicant’s Handbook Basis of Review for Water Use Permit Applications within the South Florida Water Management District” and forms incorporated therein are available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436 or [phone].

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

 

BELOW IS AN EXCERPT OF THE PROPOSED AMENDMENTS TO THE APPLICANT’S HANDBOOK FOR WATER USE PERMIT APPLICATIONS:

3.11.4  Caloosahatchee River

The Caloosahatchee River Water Reservation, as stated in subsection 40E-10.041(3), F.A.C., protects Comprehensive Everglades Restoration Plan project water needed for the protection of fish and wildlife within the Caloosahatchee River.  Applications deemed complete prior to the conditions identified in subsection 40E-10.041(3), F.A.C., and which otherwise satisfy the requirements of Chapter 40E-2, F.A.C., as applicable, are determined not to use the water reserved pursuant to subsection 40E-10.041(3), F.A.C.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Don Medellin, Principal Scientist

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 13, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 2, 2012 with Notice of Workshop for additional rule development workshop published on December 30, 2013