40B-8.071: Minimum Surface Water Levels and Flows for the Econfina River.
40B-8.081: Minimum Surface Water Levels and Flows for the Aucilla River and Nutall Rise.
40B-8.091: Minimum Surface Water Levels and Flows for the Wacissa River and Wacissa River Priority Springs.
PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is proposing rules 40B-8.071, 40B-8.081, and 40B-8.091 to implement new minimum flows and levels for the Econfina, Aucilla and Wacissa Rivers and associated priority springs. The effect of these rules will be to provide protection for these areas from significant harm resulting from uses of ground and surface water.
SUMMARY: Minimum flows and levels for Econfina, Aucilla and Wacissa Rivers and associated priority springs, in accordance with Rule 62-40.473, F.A.C., and Sections 373.042 and 373.0421, F.S.
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 has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.
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 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.103 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: Clay Coarsey, Professional Engineer, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, (386)362-1001 or 1(800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-8.071 Minimum Surface Water Levels and Flows for the Econfina River.
The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology.
(1) The minimum surfacewater flow for the Econfina River Near Perry, FL gage is an allowable reduction of 23 percent when flow is below 211 cubic feet per second (cfs) and 8.6 percent when flow is greater than or equal 211 cfs.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History–New [DATE].
40B-8.081 Minimum Surface Water Levels and Flows for the Aucilla River and Nutall Rise.
The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology.
(1) The minimum surfacewater flow for the Aucilla River At Lamont, FL gage is an allowable reduction of 6.5 percent when flow is less than or equal to 355 cubic feet per second (cfs), 13 percent when flow is greater than 355 cfs and is less than or equal to 558 cfs, and 17 percent when flow is greater than 558 cfs.
(2) The minimum surface water flow for Nutall Rise is established as a percent reduction from the median flow contribution to the Aucilla River. The allowable reduction in flow of Nutall Rise is 6.5 percent from the median flow.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History–New [DATE].
40B-8.091 Minimum Surface Water Levels and Flows for the Wacissa River and Wacissa River Priority Springs.
The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology.
(1) The minimum surfacewater flow for the Wacissa River Near Wacissa, FL gage is an allowable reduction in flow of 5.1 percent when flow is less than or equal to 376 cubic feet per second (cfs) and 7.3 percent when flow is greater than or equal to 376 cfs.
(2) The minimum surface water flows for the Wacissa River Priority Springs are established as the following percent reductions from the median flow contribution to the Wacissa River:
(a) Big Blue Spring: 6.5 percent;
(b) Buzzard Log Spring: 6.5 percent;
(c) Cassidy Spring: 6.5 percent;
(d) Garner Spring: 6.5 percent;
(e) JEF63991: 6.5 percent;
(f) JEF63992: 6.5 percent;
(g) JEF63993: 6.5 percent;
(h) Jefferson Blue Spring: 6.5 percent;
(i) Little Blue Spring: 6.5 percent;
(j) Log Spring: 6.5 percent;
(k) Minnow Spring: 6.5 percent;
(l) Thomas Spring: 6.5 percent;
(m) Wacissa Headspring: 6.5 percent.
