To regulate the use of water from the Everglades and North Palm Beach County/Loxahatchee River Watershed Waterbodies (“Waterbodies”) by the Lower East Coast and Northern Palm Beach County urban areas within Dade, Broward, Palm Beach and Martin ...  

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    WATER MANAGEMENT DISTRICTS
    South Florida Water Management District

    RULE NO: RULE TITLE
    40E-8.421: Prevention and Recovery Strategies
    PURPOSE AND EFFECT: To regulate the use of water from the Everglades and North Palm Beach County/Loxahatchee River Watershed Waterbodies (“Waterbodies”) by the Lower East Coast and Northern Palm Beach County urban areas within Dade, Broward, Palm Beach and Martin counties.
    SUMMARY: The proposed rule amendments will limit increasing permit allocations from depleting water needed for recovery and restoration of the Waterbodies.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was 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.
    SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
    LAW IMPLEMENTED: 373.016, 373.036, 373.0361, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: April 12, 2007, 9:00 a.m.
    PLACE: South Florida Water Management District Headquarters, 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’s Clerk’s Office, (800)432-2045, ext. 2087 or (561)682-2087. 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: Wm. Scott Burns, Director, Water Supply Policy Implementation

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40E-8.421 Prevention and Recovery Strategies.

    (1)(a) through (b) No change.

    (c) The rules implementing water resource protection tools, including Chapters 40E-2, 40E-8, 40E-20, 40E-21, and 40E-22, F.A.C., and the “Basis of Review for Consumptive Use Permits Within the South Florida Water Management District ______, 2007”, identify the specific factors and conditions that will be applied and considered in implementing the conceptual model. Due to the extreme variations in water resource conditions, climatic conditions, hydrologic conditions, and economic considerations that will be faced when implementing these rules, it is critical to apply such criteria flexibly and to reserve for the governing board the ability to implement water resource protection and allocation programs considering all of the District’s missions under Chapter 373, F.S., and to balance water supply, flood protection, resource protection and water quality protection needs. Implementation of the recovery and prevention strategies will be achieved in compliance with the assurances to consumptive users and to natural systems contained in the LEC Plan and the LWC Plan.

    (d) through (f) No change.

    (2) through (6) No change.

    (7) Northwest Fork of the Loxahatchee River Recovery Strategy: Purpose and Intent.

    (a) The Northwest Fork of the Loxahatchee River is currently not meeting the MFL and requires implementation of a recovery strategy to achieve the MFL as soon as practicable, consistent with Section 373.0421, F.S. The recovery strategy consists of projects contained within the following approved plans: the Lower East Coast Regional Water Supply Plan (LEC Plan), the Comprehensive Everglades Restoration Plan (CERP), and the Northern Palm Beach County Comprehensive Water Management Plan (NPBCCWMP). Four phases of recovery are identified in the Technical Documentation to Support Development of Minimum Flows and Levels for the Northwest Fork of the Loxahatchee River, November 2002, which are projected to increase flows to meet the MFL for the Northwest Fork of the Loxahatchee River. As part of the recovery strategy, as provided in this rule, the consumptive use permitting and water shortage requirements in this Chapter and Chapters 40E-2, 40E-20, and 40E-21, F.A.C., and the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ___________, 2007”, including Section 3.2.1.E. regarding Restricted Allocation Areas for Lower East Coast Everglades Waterbodies and North Palm Beach County/Loxahatchee River Watershed Waterbodies, shall apply to consumptive use direct and indirect withdrawals from surface and groundwater sources from the Northwest Fork of the Loxahatchee River and those areas directly tributary to the Northwest Fork.

    (b) through (g) No change.

    (8) through (9) No change.

    Specific Authority §§ 9, 10 P.L. 83-358, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.0361, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246 FS. History– New 9-10-01, Amended 11-11-02, 4-1-03, 1-19-06, 12-12-06,__________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Wm. Scott Burns, Director, Water Supply Policy Implementation
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 15, 2007
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 22, 2006

Document Information

Comments Open:
3/2/2007
Summary:
The proposed rule amendments will limit increasing permit allocations from depleting water needed for recovery and restoration of the Waterbodies.
Purpose:
To regulate the use of water from the Everglades and North Palm Beach County/Loxahatchee River Watershed Waterbodies (“Waterbodies”) by the Lower East Coast and Northern Palm Beach County urban areas within Dade, Broward, Palm Beach and Martin counties.
Rulemaking Authority:
373.044, 373.113, 373.171 FS.
Law:
373.016, 373.036, 373.0361, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246 FS.
Contact:
Wm. Scott Burns, Director, Water Supply Policy Implementation
Related Rules: (1)
40E-8.421. Prevention and Recovery Strategies