The overall purpose is to create a minimum flows and minimum water levels rule chapter, including setting a minimum flow for the St. Marks River Rise, to comply with Florida Statutes.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NO.:RULE TITLE:

40A-8.011Policy and Purpose

40A-8.021Definitions

40A-8.031Minimum Flows for the St. Marks River Rise

PURPOSE AND EFFECT: The overall purpose is to create a minimum flows and minimum water levels rule chapter, including setting a minimum flow for the St. Marks River Rise, to comply with Florida Statutes.

SUMMARY: This rule development will establish a minimum flows and minimum water levels rule chapter, including setting a minimum flow for the St. Marks River Rise.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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

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

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, F.S

LAW IMPLEMENTED: 373.036, 373.042, 373.0421, 373.103 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Megan Seward, Bureau Chief, Northwest Florida Water Management District, Bureau of Performance and Compliance Improvement, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

CHAPTER 40A-8

MINIMUM FLOWS AND MINIMUM WATER LEVELS

40A-8.011 Policy and Purpose

(1) This chapter establishes minimum flows and minimum water levels for surface waters, and minimum water levels for groundwater at specific locations within the Northwest Florida Water Management District.

(2) In establishing minimum flows and minimum water levels, the Governing Board shall use the best information available to establish limits at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(3) Minimum flows and minimum water levels prescribed in this chapter are used as a criteria for imposing limitations on withdrawals of groundwater and surface water and for reviewing proposed surface water management and storage systems and stormwater management systems.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421 FS. History-New              .

 

40A-8.021 Definitions

(1) “Baseline period” means the period of record as documented in a technical report establishing a minimum flow or minimum water level.

(2) “Minimum flow” means a flow or allowable change in flow, expressed in cubic feet per second combined with a temporal element. The temporal element is expressed as a duration, frequency, or return interval.

(3) “St. Marks River” means the riverine waterbody that originates in eastern Leon County and flows south discharging into Apalachee Bay in Wakulla County.

(4) “St. Marks River Near Newport, FL” means USGS Station 02326900 located on the St. Marks River in Wakulla County.

(5) “St. Marks River Near Woodville, FL Estimated Daily Flow” means the best available estimate by the District of the daily flow at USGS Station 02326885, District Station 9257, or its successor, located on the St. Marks River in Leon County.

(6) “St. Marks River Rise” means the first magnitude spring located within Leon County on the St. Marks River at 30 degrees 16 minutes 34 seconds north latitude and 84 degrees 8 minutes 56 seconds west longitude

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042 FS. History-New             .

 

40A-8.031 Minimum Flow for the St. Marks River Rise

The Governing Board hereby establishes the following minimum flow. The Governing Board finds that the following minimum flow is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(1) The minimum flow for St. Marks River Rise is established as an allowable reduction of 33 cubic feet per second from the baseline period average daily spring flow. The baseline period is October 1, 1956 to November 27, 2017. The average daily spring flow is calculated as the difference between the surface water flow measured at St. Marks River Near Newport, FL and the St. Marks River Near Woodville, FL Estimated Daily Flow. The most recent 30-year period of average daily spring flows is used to evaluate whether the minimum flow is met.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History-New___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Megan Seward, Bureau Chief, Bureau of Performance and Compliance Improvement

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2018