The purpose and effect of the proposed amendments to 40C-8.031, F.A.C., will be to adopt minimum flows and levels for Silver Springs in Marion County.

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-8.031Minimum Surface Water Levels and Flows and Groundwater Levels

PURPOSE AND EFFECT: The purpose and effect of the proposed amendments to Rule 40C-8.031, F.A.C., will be to adopt minimum flows and levels for Silver Springs in Marion County.

SUMMARY: The proposed rules would establish minimum water flows and levels for Silver Springs, an Outstanding Florida Spring, pursuant to the mandate of section 373.042, F.S. Each water flow and level has an associated duration and return interval. The terms herein are already defined in Rule Chapter 40C-8, F.A.C. As with all minimum flows and levels established by the District, if adopted, the minimum flows and levels in this rule amendment would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the consumptive use permit regulatory process and for reviewing proposed surface water management systems in the environmental resource permit regulatory process.

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.

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: The District prepared a statement of estimated regulatory costs (SERC) regarding the proposed amendments to Rule 40C-8.031, F.A.C.. The SERC concludes that amendments to Rule 40C-8.031, F.A.C. will have an adverse impact on small business and is likely to increase directly or indirectly regulatory costs in excess of $1,000,000 in the aggregate within five years after the implementation of the rule. Based on the best available information, all three recommended minimum flows and levels in proposed Rule 40C-8.031(7), F.A.C., are currently being achieved; however, the recommended minimum frequent low flow and level for Silver Springs would not be met under projected water use demands through the 20-year planning horizon. Thus, concurrently with the amendment to Rule 40C-8.031(7), F.A.C., the District has approved an MFL prevention strategy to prevent the existing flows and levels from falling below the established minimum flows and levels for Silver Springs. That prevention strategy includes a regulatory component, which appears in new Section 3.3.3, AH. The non-regulatory part of the District’s prevention strategy includes a commitment by the District to assist with two water supply development projects (Lower Floridan Aquifer Conversion and Wetland Recharge Park), which will reduce potential impacts to Silver Springs and make more groundwater available from the upper Floridan. Due to section 373.805(4)(d), F.S., the District is required to pay at least 25% of the total project costs for each of these projects identified in the non-regulatory part of its prevention strategy. That significant commitment by the District will result in lower costs for the regulated public to achieve the Silver Springs MFLs than if the District did not commit to assisting both projects. The proposed SERC concludes that there is an increased economic cost associated with the proposed Silver Springs MFLs and the proposed prevention strategy rules for Silver Springs. Based on the SERC prepared by the District and the analysis performed by the District in preparing the SERC, the proposed rule amendments would normally require legislative ratification pursuant to subsection 120.541(3), F.S. However, under subsection 373.042(8), F.S., minimum flows and levels are not subject 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, 373.802(4) FS.

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

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: District Clerk, [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: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail], and Mary Ellen Winkler, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-8.031 Minimum Surface Water Levels and Flows and Groundwater Levels

(1) through (6) No change.

(7) The following minimum surface water flows and levels are established for Silver Springs in Marion County, as measured at the USGS 02239501 gaging station:

 

Minimum Flows	Flow (cfs)	Level (NAVD)	Duration (days)	Return Interval (years)
Frequent high	828	40.0	30	5
Average	638	38.2	180	1.7
Frequent low	572	37.0	120	3

 

The minimum surface water flows were developed to ensure that the associated surface water levels will be met.  The two factors to be weighed in the status assessment of this MFL are (1) whether the surface water levels have been met and (2) the extent to which the surface water flow has been reduced due to groundwater withdrawals.

(7) through (8) renumbered (8) through (9) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103, 373.415 FS. History–New 9-16-92, Amended 8-17-94, 6-8-95, 1-17-96, 8-20-96, 10-20-96, 11-4-98, 6-27-00, 2-13-01, 3-19-02, 5-12-03, 11-10-03, 1-12-04, 2-1-06, 12-3-06, 5-10-07, 5-24-07, 1-11-10, 8-22-13, 4-3-14, 11-25-14, 12-31-14, 1-31-16 (4)(aaa), 1-31-16 (4)(ssss), 2-1-17 (4)(w), 2-1-17 (6), (8), ________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Thomas Mayton, Jr., Esq., St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone], [e-mail], and Mary Ellen Winkler, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] or [e-mail].

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] [e-mail], and Mary Ellen Winkler, Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 11, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 12, 2016