The purpose of the rule development is to codify minimum flows and levels for the Lower Suwannee River, Little Fanning Spring, Fanning Spring, and Manatee Spring within 40B-8, F.A.C. The effect of the rule will be to provide protection for these ...

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NO: RULE TITLE
40B-8.021: Definitions
40B-8.031: Minimum Surfacewater Levels and Flows
40B-8.041: Minimum Surfacewater Levels and Flows for Lower Suwannee River, Little Fanning Spring, Fanning Spring and Manatee Spring
PURPOSE AND EFFECT: The purpose of the rule development is to codify minimum flows and levels for the Lower Suwannee River, Little Fanning Spring, Fanning Spring, and Manatee Spring within 40B-8, F.A.C. The effect of the rule will be to provide protection for these areas from significant harm resulting from uses of ground and surface water.
SUMMARY: This proposed rule development will establish minimum flows and levels for Lower Suwannee River, Little Fanning Spring, Fanning Spring, and Manatee Spring, in accordance with 62-40.473, F.A.C., and 373.042 and 373.0421, F.S.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, F.S.
LAW IMPLEMENTED: 373.042, 373.0421, 373.103, F.S.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Welch, Administrative Assistant, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida, 32060, 386.362.1001 or 800.226.1066 (FL only).

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-8.011 Policy and Purpose

 

(1) This chapter establishes minimum flows and levels for surface waters and minimum levels for groundwater at specific locations within the Suwannee River Water Management District.

 

(2) Where appropriate, minimum flows and levels may reflect seasonal and long-term variations and may include a schedule of variations and other measures appropriate for the protection of non-consumptive uses of a water resource.

 

(3) In establishing minimum flows and levels, the Governing Board shall use the best information available to establish limits which prevent significant harm to the water resources or ecology.  The Governing Board will also consider and, at its discretion, provide for the protection of non-consumptive uses, including navigation, recreation, fish and wildlife habitat, and other natural resources.

 

(4) Minimum flows and levels prescribed in this chapter are used as a basis for imposing limitations on withdrawals of groundwater and surface water, for reviewing proposed surfacewater management and storage systems and stormwater management systems, and for imposing water shortage restrictions.  The limitations and review criteria which relate to these minimum flows and levels are prescribed in other rule chapters of the District.

 

Specific Authority: 373.044, 373.113 F.S.

Law Implemented: 373.042, 373.415 F.S.

History: New 9-15-05.

 

40B-8.021 Definitions

 

Unless the context indicates otherwise, the following terms shall have the following meanings:

 

(1) “Fanning Spring” means single spring vent located within Levy County, adjacent to the Suwannee River at 29° 33’ 14” north latitude and 82° 56’ 07’’ west longitude.

 

(12) “Flow Duration Curve” means a statistical representation of flows, actual or synthetic, and their recurrence probabilities over a determined period of record.

 

(23) “Historic period” means the period of record to October 1, 2004 as documented in each technical report establishing minimum flow or level.

 

(4) “Little Fanning Spring” means the single spring vent located within Levy County, adjacent to the Suwannee River at 29° 35’ 09’’ north latitude and 82° 56’ 04’’ west longitude.

 

(5) “Lower Suwannee River” means the river segment below the Wilcox gauge to the estuary.

 

(36) “Madison Blue Spring” means the single vent spring system located within Madison County, adjacent to the Withlacoochee River at 30° 28’ 48’’ north latitude and 83° 14’ 40’’ west longitude.

 

(7) “Manatee Spring” means the single spring vent  located within Levy County, adjacent to the Suwannee River at 29° 29’ 21’’ north latitude and 82° 58’ 37’’ west longitude.

 

(78) "Minimum surfacewater flow" means a flow, expressed in cubic feet per second combined with a temporal element.  The temporal element may be specifically expressed as a duration and return interval.

 

(89) "Minimum surfacewater level” means an elevation in feet NGVD combined with a temporal element.  The temporal element, for purposes of this chapter, may be specifically expressed as a duration and return interval.

 

(910) "NGVD" means National Geodetic Vertical Datum of 1929.

 

(711) “Pinetta gauge” means stream flow measuring gauge number 02319000 operated by the United States Geological Survey located on the Withlacoochee River approximately 10 miles upstream from Madison Blue Spring at 30° 35’ 43’’ north latitude and 83° 15’ 35’’ west longitude.

 

(12) “Stage Duration Curve” means a statistical representation of stages, actual or synthetic, and their recurrence probabilities over a determined period of record.

 

(13) “Suwannee River” means the riverine waterbody which originates in south-central Georgia and flows southeast and south into Florida discharging into the Gulf of Mexico north of Cedar Key.

 

(14) “Wilcox gauge” means stream flow measuring gauge number 02323500 located on the Suwannee River at 29° 05’ 90’’ north latitude and 82° 09’ 37’’ west longitude.

 

(15) “Withlacoochee River” means the riverine waterbody which originates in south-central Georgia and flows southeast and south into Florida discharging into the Suwannee River at Ellaville.

 

Specific Authority: 373.044, 373.113 F.S.

Law Implemented: 373.042, 373.415 F.S.

History: New 9-15-05, Amended                          .

 

40B-8.031 Minimum Surfacewater Levels and Flows for Madison Blue Spring

 

The Governing Board hereby establishes the following minimum surfacewater flows and levels for Madison Blue Spring.  The Governing Board finds that the following minimum surfacewater flows and levels are the limit at which further withdrawals would be significantly harmful to the water resources or ecology.

 

(1) The minimum surfacewater flow for Madison Blue Spring is 70 cubic feet per second (cfs) for a flow duration frequency of 90 percent when the stage of the Withlacoochee River measured at the Pinetta gauge is 55.0 feet (NGVD) or less.

 

(2) If the surfacewater flows from Madison Blue Spring are reduced below the levels established in paragraph (1) above, withdrawals will be significantly harmful to the water resources or ecology.

 

(3) In determining the estimated impact of existing and proposed future withdrawals on the surfacewater flow of Madison Blue Spring, as expressed in paragraphs (1) and (2) above, the following factors shall be considered:

 

(a) A stage of 55.0 feet (NGVD) at the Pinetta gauge will serve as a modeling boundary condition.

 

(b) The surfacewater flow for Madison Blue Spring shall not be caused to be reduced to a predicted flow of 70 cfs or less for a flow duration frequency of less than 90 percent as determined by the Flow Duration Curve for the Madison Blue Spring discharge over the historic period.

 

Specific Authority:  373.044, 373.113 F.S.

Law Implemented:  373.042, 373.0421, 373.103, 373.415 F.S.

History: New 9-15-05, Amended                   .

 

40B-8.041 Minimum Surfacewater Levels and Flows for Lower Suwannee River, Little Fanning Spring, Fanning Spring, and Manatee Spring

 

The Governing Board hereby establishes the following minimum surfacewater flows and levels.  The Governing Board finds that the following minimum surfacewater flows and levels are the limit at which further withdrawals would be significantly harmful to the water resources or ecology.

 

(1) The minimum surfacewater flow for Manatee Spring is the flow that will maintain 90 percent of the historic flow regime for the Manatee Spring discharge as defined in “Technical Report – MFL Establishment for the Lower Suwannee River and Estuary, Little Fanning, Fanning, and Manatee Springs, October 2005.”

 

(2) In addition to paragraph (1) above, the minimum surface water flow for Manatee Spring for the period of November 1 through April 30 is 130 cubic feet per second for a flow duration frequency of 50 percent.

 

(3) The minimum surfacewater flow for Fanning and Little Fanning Spring is the flow that will maintain 90 percent of the historic flow regime for the Fanning Spring discharge as defined in “Technical Report – MFL Establishment for the Lower Suwannee River and Estuary, Little Fanning, Fanning, and Manatee Springs, October 2005.”

 

(4)  The minimum surface water level for Fanning Spring for the period of November 1 through April 30 is 2.71 feet (NGVD) for a stage duration frequency of 85 percent.

 

(5) The minimum surfacewater flow for the Lower Suwannee River below the Wilcox gauge is 6,600 cubic feet per second for a flow duration frequency of 50 percent for the period May 1 through October 31.  For the period November 1 through April 30, the minimum surfacewater flow is 7,600 cubic feet per second for a flow duration frequency of 50 percent.

 

Specific Authority:  373.044, 373.113 F.S.

Law Implemented:  373.042, 373.0421, 373.103, 373.415 F.S.

History: New                .

NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Dinges, Director, Resource Management, Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060, 386/362-1001.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 11, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2005