The purpose of the proposed rules 62-42.100, 62-42.200, and 62-42.300, F.A.C., is to establish and adopt Minimum Flows and Levels (MFLs) for water bodies in Florida. Specifically, in Rule 62-42.100, the Department proposes for adoption a scope ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-42.100Scope

62-42.200Definitions

62-42.300Minimum Flows and Levels and Recovery and Prevention Strategies

PURPOSE AND EFFECT: The purpose of the proposed rules 62-42.100, 62-42.200, and 62-42.300, F.A.C., is to establish and adopt Minimum Flows and Levels (MFLs) for water bodies in Florida. Specifically, in Rule 62-42.100, the Department proposes for adoption a scope identifying the purposes of the rule chapter and recognizing that recovery and prevention strategies may contain non-regulatory provisions to be included in the applicable district water supply plans. Rule 62-42.200 proposes for adoption technical definitions necessary to understand the other rules in the chapter (specifically, proposed Rule 62-42.300, F.A.C.), including the definitions of a Flow Duration Curve and a Flow Duration Frequency. Rule 62-42.300 proposes for adoption MFLs for the Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs.

SUMMARY: By Board resolution, Suwannee River Water Management District requested that the Department adopt the MFLs for Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs. DEP adopted MFLs are effective in all districts without the need for further rulemaking. This proposed rule establishes a new rule chapter for Department-adopted MFLs and sets out the MFLs for the Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs. When it has been determined that a water body has fallen below, or is projected to fall within 20 years below, an adopted MFL, the Department must simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S., and paragraph 62-40.473(5), F.A.C. Therefore, the Department has proposed for adoption a regulatory strategy to be implemented during an initial phase of recovery, including provisions relating to existing permittees, renewal applicants, modification applicants, and new users. Specifically, new uses of water, whether by new users or by requests for increased allocations, must offset their impacts to the MFL water bodies. Users’ existing allocated quantities are found consistent with this recovery strategy.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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.

A SERC has been prepared for Rule 62-42.300, F.A.C. A SERC was not required for Rules 62-42.100 and 62-42.200. A copy of the SERC may be obtained online at http://www.dep.state.fl.us/water/waterpolicy/mflrulemaking.htm.

The Agency has determined that the proposed rule is 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: Rule 62-42.300 is expected to require legislative ratification. Rules 62-42.100 and 62.42.200 did not require a SERC because they set forth only scope and definitions and do not have independent regulatory effect.

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: 373.026(7), 373.036(1)(d), 373.043, 373.171 FS.

LAW IMPLEMENTED: 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida.

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 3, 2014, 10:00 a.m.

PLACE: Suwannee River Water Management District, 9225 CR 49, Live Oak, FL 32060

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 48 hours before the workshop/meeting by contacting: Janet Llewellyn, [e-mail], [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: Janet Llewellyn, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-42.100 Scope

(1) The purpose of this chapter is to set forth Department-adopted minimum flows and levels (MFLs) and the regulatory provisions of any required related recovery or prevention strategy as provided in Section 373.042 (4), F.S.

(2) The Department recognizes that recovery and prevention strategies may contain both regulatory and non-regulatory provisions. The non-regulatory provisions are not included in this rule, and will be included in the applicable regional water supply plans approved by the appropriate districts pursuant to Section 373.0421(2) and Section 373.709, F.S.

Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.0421, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida. History–New ___________.

 

62-42.200 Definitions

When used in this chapter, the following words shall have the indicated meanings unless the rule indicates otherwise:

(1) Flow Duration Curve means a plot of magnitude of flow versus percent of time the magnitude of flow is equaled or exceeded.

(2) Flow Duration Frequency means the percentage of time that a given flow is equaled or exceeded.

Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida. History–New ____________.

 

62-42.300 Minimum Flows and Levels and Recovery and Prevention Strategies

The Department hereby establishes the following minimum flows and levels in accordance with section 373.042, F.S.

(1) Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs: The minimum surface water flows for the Lower Santa Fe and Ichetucknee River and Associated Priority Springs are provided below:

(a) The minimum surface water flows for the Lower Santa Fe at the Santa Fe River near Ft. White, FL are the following points on the flow duration curve:

1. 3,101 cubic feet per second (cfs) for a flow duration frequency of five percent;

2. 2,523 cubic feet per second (cfs) for a flow duration frequency of 10 percent;

3. 1,768 cubic feet per second (cfs) for a flow duration frequency of 25 percent;

4. 1,214 cubic feet per second (cfs) for a flow duration frequency of 50 percent;

5. 920 cubic feet per second (cfs) for a flow duration frequency of 75 percent;

6. 749 cubic feet per second (cfs) for a flow duration frequency of 90 percent;

7. 672 cubic feet per second (cfs) for a flow duration frequency of 95 percent;

(b) The minimum surface water flows for the Ichetucknee River at U.S. Highway 27 are the following points on the flow duration curve:

1. 473 cubic feet per second (cfs) for a flow duration frequency of five percent;

2. 448 cubic feet per second (cfs) for a flow duration frequency of 10 percent;

3. 386 cubic feet per second (cfs) for a flow duration frequency of 25 percent;

4. 343 cubic feet per second (cfs) for a flow duration frequency of 50 percent;

5. 318 cubic feet per second (cfs) for a flow duration frequency of 75 percent;

6. 282 cubic feet per second (cfs) for a flow duration frequency of 90 percent;

7. 246 cubic feet per second (cfs) for a flow duration frequency of 95 percent;

(c) The minimum surface water flows for the Priority Springs are established as a percent reduction from the median baseline flow contribution of each spring to the flow at the respective river gages listed in paragraphs 62-42.300(1)(a) and (b), F.A.C.:

1. Lower Santa Fe River Priority Springs:

a. Santa Fe Rise: Eight percent

b. ALA112971 (Treehouse): Eight percent

c. Hornsby: Eight percent

d. Columbia: Eight percent

e. Poe: Eight percent

f. COL 101974 (Unnamed): Eight percent

g. Rum Island: Eight percent

h. July: Eight percent

i. Devil’s Ear (Ginnie Group): Eight percent

j. GIL.1012973 (Siphon Creek Rise): Eight percent

2. Ichetucknee River Priority Springs:

a. Ichetucknee Head: Three percent

b. Blue Hole: Three percent

c. Mission: Three percent

d. Devil’s Eye: Three percent

e. Grassy Hole: Three percent

f. Mill Pond: Three percent

(d) Pursuant to section 373.0421, F.S., the Department hereby adopts and incorporates by reference Section 6.0, entitled Supplemental Regulatory Measures, effective date ________. Copies of Section 6.0 entitled Supplemental Regulatory Measures are available at https://www.flrules.org/Gateway/reference.asp?No=Ref-03947 or on the Department’s website at http://www.dep.state.fl.us/water/waterpolicy/pubs.htm. The Minimum Flows and Levels adopted in paragraphs 62-42.300(1)(a) through (c), F.A.C., above, and the Section 6.0 Supplemental Regulatory Measures adopted herein are inseverable, shall be construed as a whole, and are adopted simultaneously pursuant to subsection 62-40.473(5), F.A.C.

(e) Upon completion of the North Florida Southeast Georgia Regional Groundwater Flow Model currently under development, the Department, in coordination with the Suwannee River Water Management District and the St. Johns River Water Management District, shall re-evaluate the Minimum Flows and Levels and the present status of the Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs pursuant to Section 373.0421(3), F.S., using the best available scientific or technical data, methodologies, and models. No later than three years from the publication of the final peer review report on the North Florida Southeast Georgia Regional Groundwater Flow Model, or by December 31, 2019, whichever is earlier, the Department shall:

1. Publish a Notice of Proposed Rule to strike paragraphs 62-42.300(1)(a) through (d), F.A.C., and re-propose for adoption Minimum Flows and Levels for the Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs and any associated recovery or prevention strategies; and

2. Adopt the proposed rule in accordance with the timeframes provided in section 120.54(3), F.S.

Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida. History–New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet Llewellyn

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Herschel T. Vinyard Jr.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 02, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 13, 2013