The purpose is to amend Rule 40D-2.302 F.A.C., to establish a reservation for Lake Hancock and Lower Saddle Creek, located in Polk County.

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-2.302Reservations from Use

PURPOSE AND EFFECT: The purpose is to amend Rule 40D-2.302 F.A.C., to establish a reservation for Lake Hancock and Lower Saddle Creek, located in Polk County.

SUMMARY: Section 373.223(4), F.S., authorizes water management districts to reserve water from use by permit applicants that in their judgment may be required for the protection of fish and wildlife or public health and safety. This rulemaking is necessary to adopt a new reservation for Lake Hancock and Lower Saddle Creek. Rule 40D-2.302(2), F.A.C., provides that the Governing Board anticipates reserving from use water necessary to recover and protect the minimum flows and levels established for the Southern Water Use Caution Area (SWUCA). This reservation is being adopted for purposes of supporting the recovery of minimum flows in the Upper Peace River.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, of the revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S. The revised minimum level for this lake is unlikely to constitute an additional significant regulatory constraint on groundwater or surface water withdrawals in the area due to existing resource conditions and regulatory constraints in the basin.

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

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.0421, 373.223(4) FS.

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: Doug Leeper., Minimum Flows and Levels Program Lead, SWFWMD, 2379 Broad Street, Brooksville, FL 34604, 1(352)796-7211, ext. 4272.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-2.302 Reservations from Use.

(1) through (2) No change.

(3) The Governing Board finds reserving from allocation and use by permit applicants the water stored in Lake Hancock at and below water elevation 100.0 feet NGVD (1929) is required for the protection of fish and wildlife. The Governing Board also finds reserving from allocation and use by permit applicants the water released from Lake Hancock to Lower Saddle Creek is required for the protection of fish and wildlife when any of the following flow thresholds in the Upper Peace River are not met:

(a) 17 cubic feet per second (“cfs”) at United States Geological Survey (“USGS”) Bartow Gage No. 02294650;

(b) 27 cfs at USGS Fort Meade Gage No. 02294898;

(c) 45 cfs at USGS Zolfo Springs Gage No. 02295637.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0421, 373.223(4) FS. History–New 1-1-07, Amended 11-25-07,  ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Southwest Florida Water Management District

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 25, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 9, 2020