To establish and amend existing consumptive use permitting criteria to protect water made available by the Loxahatchee River Watershed Restoration Project (LRWRP), a component of the Comprehensive Everglades Restoration ....

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-2.091Publications Incorporated by Reference

PURPOSE AND EFFECT: To establish and amend existing consumptive use permitting criteria to protect water made available by the Loxahatchee River Watershed Restoration Project (LRWRP), a component of the Comprehensive Everglades Restoration Plan (CERP). The proposed rule amends the Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District (Applicant’s Handbook) to amend the existing Lower East Coast Regional Water Availability criteria (LEC Rule) and corresponding permit duration to include the several LRWRP project components not presently covered by the LEC Rule. The proposed rule also establishes criteria for the upper Floridan aquifer system groundwater associated with the project’s aquifer storage and recovery (ASR) wells.

SUMMARY: Amend the Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District to provide water resource protection for the LRWRP. The proposed amendments to the Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District and the Technical Document Supporting Rulemaking to Protect Water Made Available by the Loxahatchee River Watershed Restoration Project are available on the District’s website at: https://www.sfwmd.gov/doing-business-with-us/rules.

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 completed the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) form “Is a SERC Required?” and prepared a summary of the proposed rule amendments, both of which are available upon request. Based on the completed “Is a SERC Required?” form and the District’s summary and analysis performed to prepare and complete said documents, the proposed rule amendment does not 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, 373.118, 373.171, 373.216 FS

LAW IMPLEMENTED: 373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS

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: June 9, 2022, beginning at 9:00 a.m.

PLACE: South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406

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 5 days before the workshop/meeting by contacting: South Florida Water Management 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: Natalie Kraft, Lead Scientist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33401; telephone: [phone]; email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-2.091 Publications Incorporated by Reference.

(1) The “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District –   [effective date] March 21, 2021” (http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX) is incorporated by reference herein.

(2) The following forms and materials are referenced in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District –   [effective date] March 21, 2021” (http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX) and are incorporated herein:

(a) through (i)  No Change.

(j) Subsections referenced in Section 3.3.6 of the “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”, (December 22, 2020 June 1, 2018) incorporated by reference in paragraph 62-330.010(4)(a), F.A.C., as follows:

1. through 9. No Change.

(3) through (4)  No Change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, 7-21-13, 7-14-14, 7-16-14, 9-7-15, 1-31-21, 3-21-21,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sean P. Sculley, SNR, PE, Chief, Applied Sciences Bureau

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 14, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 21, 2021