St. Johns River Water Management District
RULE NO.:RULE TITLE:
40C-8.031Minimum Surface Water Levels and Flows and Groundwater Levels
Notice of Extension of Regulatory Plan Deadlines
The St. Johns River Water Management District (District) hereby provides notice of extension of the deadline set forth in subsection 120.74(5), Fla. Stat., requiring publication of a Notice of Proposed Rule by April 1 for certain rules listed on the District’s 2016-2017 Regulatory Plan. More specifically, the deadline for publication of a Notice of Proposed Rule is extended for Rule 40C-8.031, F.A.C.
a)Concise statement identifying issues causing the delay in rulemaking:
As required by subsection 373.042(2), F.S., by July 1, 2017, the District must adopt minimum flows or water levels (MFLs) for the following Outstanding Florida Springs, as defined in subsection 373.802(4), F.S.: Alexander Springs in Lake County, De Leon Springs in Volusia County, Gemini Springs in Volusia County, Silver Glen Springs in Marion/Lake Counties, and Silver Springs in Marion County. The District has already adopted MFLs for De Leon Springs, which became effective on February 1, 2017. Scientific peer review of the District’s MFLs reports for the remaining Outstanding Florida Springs (OFS) slowed the District’s rulemaking on those remaining MFLs. However, the District is on track to adopt all the required OFS MFLs for the remaining water bodies by July 1, 2017.
The District held a rule workshop regarding the proposed Silver Springs MFLs on March 16, 2017, and staff will request authorization to publish a Notice of Proposed Rule for Silver Springs at the District’s April 11, 2017 Governing Board Meeting. The District will hold a rule workshop regarding the remaining proposed OFS MFLs on April 20, 2017, and staff will request authorization to publish a Notice of Proposed Rule for those remaining OFS MFLs at the District’s May 9, 2017 Governing Board Meeting. To ensure that the proposed OFS MFLs are scientifically defensible, the delay in rulemaking to complete scientific peer review is warranted.
b)Applicable notice as published in the Florida Administrative Register:
Notice of Rule Development for Rule 40C-8.031 was published in the FAR on October 12, 2016, (Vol. 42, No. 199).
Expiration
Pursuant to subsection 120.74(5), Fla. Stat., this extension expires on October 1, 2017.
