By July 1, 2017, the District is required to set minimum flows or levels (MFLs) for Silver Springs in Marion County, an Outstanding Florida Spring. Based on the best available information, all three recommended minimum flows and levels in proposed ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-2.101Publications Incorporated by Reference

PURPOSE AND EFFECT: By July 1, 2017, the District is required to set minimum flows or levels (MFLs) for Silver Springs in Marion County, an Outstanding Florida Spring. Based on the best available information, all three recommended minimum flows and levels in proposed 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, the District has concurrently approved an MFL prevention strategy to prevent the existing flows and levels from falling below the established minimum flows and levels. That strategy includes a regulatory component, consisting of new rules to prevent the existing flows and levels from falling below the minimum flows and levels for Silver Springs.

SUMMARY: The amendments to 40C-2.101, F.A.C., and the Applicant’s Handbook, Consumptive Uses of Water (AH) that is incorporated by reference in 40C-2.101(1)(a), F.A.C, will create the regulatory part of a strategy to prevent the existing flows and levels from falling below the minimum flows and levels for Silver Springs. Among other things, new Section 3.3.3, AH, will: (1) define terms used in the new section; (2) delineate the boundaries of the area in which the new rules apply; (3) restrict certain upper Floridan groundwater uses that have the potential to impact Silver Springs without a supplemental water supply or offset project to no more than demonstrated 2024 demand; (4) provide options for addressing potential impacts to Silver Springs; (5) provide a temporary groundwater allocation for certain permittees that are diligently pursuing a supplemental water supply or offset project; (6) clarify that irrigation allocations for agricultural, recreational, or landscape uses include both an allocation for average climatic conditions as well as drought conditions; and (7) provide criteria for self-relocations of reasonable-beneficial permitted allocations.

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 40C-2.101, F.A.C. The SERC concludes that amendments to 40C-2.101, 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 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 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 are 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, 373.219, 373.223, 373.227, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, 373.805 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-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a) Parts I (insert URL https://www.flrules.org/Gateway/reference.asp?No=Ref-05972) subsections 62-40.416(7)-(8), F.A.C., effective November 3, 2015, in Appendix G (https://www.flrules.org/Gateway/reference.asp?No=Ref-04443), and Limiting Conditions for subsection 40C-2.042(9), F.A.C., Dewatering General Permits by Rule in Appendix I (https://www.flrules.org/Gateway/reference.asp?No=Ref-05973) of the document entitled “Applicant’s Handbook, Consumptive Uses of Water,” effective effective date November 3, 2015. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.

(b) The following rules of the Florida Department of Environmental Protection: subsections 62-40.416(7), 62-40.416(8) and 62-40.416(9), F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-04446), effective May 3, 2014, which are hereby incorporated by reference as of August 14, 2014. Subsections 62-40.416(7) and 62-40.416(8), F.A.C., are referenced in sections 3.3.2.1 and 3.3.2.2, respectively, and in Appendix G of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), subsection 62-40.416(9), F.A.C., is referenced in section 2.2.9 of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(c) The Northern District Groundwater Flow Model Version 5.0 (insert URL), effective effective date, is referenced in section 3.3.3.3 of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.17, 373.227(5) FS. Law Implemented 373.042, 373.0421, 373.073, 373.079, 373.083(5), 373.103, 373.109, 373.219, 373.223, 373.226, 373.227, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62, 373.707, 373.805 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09, 12-27-10, 2-2-12, 9-16-12, 8-14-14, 11-3-15,________.

 

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: February 27, 2017.