Regulatory Portion of Recovery Strategy for Pasco, Northern Hillsborough and Pinellas Counties

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-80.073: Regulatory Portion of Recovery Strategy for Pasco, Northern Hillsborough and Pinellas Counties

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 52, December 31, 2009 issue of the Florida Administrative Weekly.

Changes are made to address concerns from the Joint Administrative Procedures Committee. The changes include language to provide that the recovery and mitigation actions to be undertaken by the permittee for the eleven wellfields described in the proposed rule are generally applicable requirements for all permittees with groundwater withdrawals of 90 MGD or greater in the Northern Tampa Bay Water Use Caution Area. The changes also renumber existing subsections and incorporate by reference a funding agreement referenced in the District’s current rules. The changes are shown below.

40D-80.073 Comprehensive Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area, and the Hillsborough River Strategy.

(1) Overview.

This rule sets forth the Minimum Flows and Levels Recovery Strategy and Environmental Resources Recovery Plan for the Northern Tampa Bay Water Use Caution Area (the “Comprehensive Plan”). The Comprehensive Plan addresses water use permittees whose withdrawals are located within the Northern Tampa Bay Water Use Caution Area (“NTBWUCA”). Within the NTBWUCA, certain wetlands, lakes, streams, springs and aquifer levels have been impacted by lower groundwater levels resulting from groundwater withdrawals. Within the area of surficial aquifer impacts as generally depicted in Figure 80-1, the Central System Facilities, as described below, account for the majority of groundwater withdrawals. For this reason, the Central System Facilities are the primary focus of the Comprehensive Plan as other users’ water withdrawals result in relatively minimal water resource impacts within the area generally depicted on Figure 80-1. The objective of this Comprehensive Plan is to achieve recovery of MFL waterbodies and avoidance and mitigation of unacceptable adverse impacts to wetlands, lakes, streams, springs and aquifer levels. The provisions of the Comprehensive Plan specifically applicable to permittees with groundwater withdrawals of 90 MGD or greater (“90 MGD Facilities”), including Tampa Bay Water’s Central System Facilities, are contained in subsections 40D-80.073(2) and (3), F.A.C., below. All other water use permittees are addressed in subsections 40D-80.073(4) and (8), F.A.C., below. Other provisions applicable to permittees are included in subsections 40D-80.073(5), (6), and (7), F.A.C. The Comprehensive Plan is effective through December 31, 2020.

(2) 90 MGD Facilities, including Tampa Bay Water’s Central System Facilities.

(a) From the 1930’s through the 1990’s eleven wellfields were developed within the NTBWUCA Northern Tampa Bay Water Use Caution Area. Those wellfields are Cosme-Odessa, Eldridge-Wilde, Section 21, South Pasco, Cypress Creek, Cross Bar Ranch, Starkey, Morris Bridge, Northwest Hillsborough Regional, Cypress Bridge and North Pasco, and are collectively hereinafter referred to as the Central System Facilities. The Central System Facilities are operating under Water Use Permit No. 2011771 (the “Consolidated Permit”). Groundwater withdrawals from the Central System Facilities have caused lowered aquifer levels in and near the Central System Facilities. In 1974, pursuant to Chapter 373, F.S., the District established a permitting system to assure that such use is consistent with the overall objectives of the District and is not harmful to the water resources of the area.

(b) Pursuant to Chapter 96-339, Laws of Florida, the District established Minimum Flows and Levels for priority waters within Pasco, Hillsborough and Pinellas Counties which became effective in 2000. Those Minimum Flows and Levels are contained within Chapter 40D-8, F.A.C. The District determined that groundwater withdrawals have contributed to existing water levels and flows in many of these priority waters being below the established Minimum Flows or Levels. To address unacceptable adverse impacts caused by the Central System Facilities, the District implemented a recovery strategy, and mitigation plan (“Recovery and Mitigation Plan”), the first phase of which occurred between 1998 and 2010 and resulted in the phased reduction of the permitted withdrawal rate of the Central System Facilities from 158 Million Gallons per Day (MGD) in 1998 to 121 MGD in 2003, and to 90 MGD on a 12-month moving average basis in 2008. The recovery strategy included the District and Tampa Bay Water and its Member Governments entering into the Northern Tampa Bay New Water Supply and Ground Water Withdrawal Reduction Agreement (the “Agreement”) in 1998. The Agreement has constituted that portion of the first phase of the District’s recovery strategy that is specifically applicable to the Central System Facilities. The Agreement has governed the development of new water supplies, reduction of groundwater withdrawals, litigation and administrative hearings between the District, Tampa Bay Water and its Member Governments. The Agreement also governed the District’s financial assistance to Tampa Bay Water to develop the new water supplies and achieve the reduction of groundwater withdrawals from the Central System Facilities. The Agreement expires on December 31, 2010. Consistent with the Agreement, Tampa Bay Water has constructed an enhanced surface water system, which includes a surface water treatment facility (which treats surface water flows from the Alafia River, the Tampa Bypass Canal and the Hillsborough River), an offstream reservoir, the Brandon Urban Dispersed Wellfield, a seawater desalination facility, and an integrated regional delivery system. Further, Tampa Bay Water has reported that the Member Governments have exceeded the 17 MGD reduction in water demand through conservation contemplated under the Agreement. Water supplied by these facilities and conservation allowed Tampa Bay Water to meet the required phased reductions in groundwater withdrawals.

(c) Although the recovery strategy Recovery and Mitigation Plan has had the effect of increasing water levels and flows and improving the condition of many wetlands, lakes, streams, springs and aquifer levels due to the reduction of groundwater withdrawals from the Central System Facilities, compliance with the criteria of Rule 40D-2.301, F.A.C., has not been demonstrated.

(d) Since the Central System Facilities supply potable water to Pinellas, Pasco, and Hillsborough counties and evaluation of the effect of the reduced withdrawal rate has not been completed, the District has determined it is in the public interest and consistent with the objectives of the District to develop this Comprehensive Plan a second phase of the Recovery and Mitigation Plan. This section sets forth the regulatory portion of the second phase of the recovery strategy and addresses mitigation Recovery and Mitigation Plan.

(e) The provisions of subsection 40D-80.073(2), F.A.C., are This Recovery and Mitigation Plan is a comprehensive approach to address unacceptable adverse impacts and Minimum Flows and Levels impacts to wetlands, lakes, streams, springs and aquifer levels caused by groundwater withdrawals from 90 MGD Facilities, including the Central System Facilities. This Plan sets forth the criteria to address recovery to Minimum Flows and Levels as well as avoidance and mitigation of unacceptable adverse environmental impacts as described in Sections 4.2, 4.3, and 4.5 in Part B, Basis of Review, of the Water Use Permit Information Manual, incorporated by reference in Rule 40D-2.091, F.A.C. The Comprehensive Plan This Recovery and Mitigation Plan allows renewal of permits for 90 MGD Facilities, including the Consolidated Permit based, in part, on continued environmental assessment and mitigation, and further development of a plan to avoid or mitigate unacceptable adverse impacts to wetlands, lakes, streams, springs and aquifer levels attributable to groundwater withdrawals from 90 MGD Facilities, including the Central System Facilities.

(f) 90 MGD Facilities, including the Central System Facilities, Withdrawals and Duration – 90 MGD Facilities, including tThe Central System Facilities, shall be limited in the renewal of their permits, including the Consolidated Permit as follows:

1. Total annual average daily withdrawal shall not exceed a rate of 90 MGD on a 12-month moving average basis, except as provided in 2., below. Any permittee of 90 MGD Facilities, including Tampa Bay Water, shall undertake its best efforts to maintain the total withdrawal rate at or below 90 MGD so that the impacts of sustained withdrawals at that rate can be assessed during the second phase of the Recovery and Mitigation Plan. The duration of the permit for 90 MGD Facilities, including the Consolidated Permit, shall be for a period of 10 years. Withdrawals from 90 MGD Facilities, including the Central System Facilities, shall be optimized to minimize environmental stresses in or near the wellfields as provided in the Operations Plan described in paragraph (g), below.

2. During the course of this Recovery and Mitigation Plan, Tampa Bay Water will be performing a renovation project on the C.W. Bill Young Regional Reservoir (the “Reservoir”) will be renovated. During the period of the renovation project, permittees’, including Tampa Bay Water’s, withdrawals from 90 MGD Facilities, including the Central System Facilities, are limited to a total annual average daily withdrawal rate of 90 MGD on a 12-month moving average basis, except as provided below:

a. The period during which withdrawals may be greater than 90 MGD on a 12-month moving average basis (“Exception Period”) begins when:

(i) Permittees of 90 MGD Facilities, including Tampa Bay Water, demonstrate demonstrates the date that the Reservoir cannot produce water supply and the renovation project has begun, and

(ii) No change.

(iii) Permittees of 90 MGD Facilities, including Tampa Bay Water, demonstrate demonstrates there are not sufficient surface water, desalination and other interconnected sources available that would allow withdrawals pursuant to permits for 90 MGD Facilities, including the Consolidated Permit, withdrawals to remain at or below 90 MGD on a 12-month moving average basis, and

(iv) Permittees of 90 MGD Facilities, including Tampa Bay Water and its member governments, demonstrate that they have complied with any Board or Executive water shortage or emergency order relating to water supply.

b. No change.

c. During the Exception Period, permittees of 90 MGD Facilities, including Tampa Bay Water, shall maximize their its authorized use of alternative water supply sources, including the Alafia River and Hillsborough River/Tampa Bypass Canal system, the desalination plant and other available interconnected sources in order to minimize groundwater withdrawals from 90 MGD Facilities, including the Central System Facilities. A monthly report demonstrating the maximized use of these sources shall be submitted to the District.

d. During the Exception Period, permittees of 90 MGD Facilities, including Tampa Bay Water and its Member Governments, shall comply with any Board or Executive water shortage or emergency order relating to Permittees of 90 MGD Facilities, including Tampa Bay Water’s or a Member Government’s water supply.

e. The District shall notify a permittee of 90 MGD Facilities, including Tampa Bay Water, of the beginning and ending dates of the Exception Period.

f. No change.

g. Permittees of 90 MGD Facilities, including Tampa Bay Water, shall use their its best efforts to minimize the period of the renovation project and reduce the duration of the Exception Period.

(g) Operations Plan

1. Optimization of 90 MGD Facilities, including Tampa Bay Water’s Central System Facilities, is critical to the success of this the second phase of the Comprehensive Recovery and Mitigation Plan. To this end, permittees of 90 MGD Facilities, including Tampa Bay Water, shall continue to implement and refine an the Operations Plan which was submitted to the District as part of the first phase of the recovery strategy Recovery and Mitigation Plan. Permittees of 90 MGD Facilities, including Tampa Bay Water, shall submit to the District an updated Operations Plan with the renewal applications application, including renewal of the Consolidated Permit, that describes how the permittee, including Tampa Bay Water, will operate its water supply system with the intent to increase groundwater levels and minimize environmental stresses caused by 90 MGD Facilities, including the Central System Facilities. To fully evaluate optimization, it is essential for permittees, including Tampa Bay Water, to operate the 90 MGD Facilities, including the Central System Facilities, at or below 90 MGD on a 12 month moving average basis for a sustained period of time that encompasses a wide spectrum of climatic conditions, therefore the focus of the Operations Plan during this the second phase of the Comprehensive Recovery and Mitigation Plan is the operation of the 90 MGD Facilities, including the Central System Facilities. Included in the Operations Plan is the optimized Regional Operations Plan (“OROP”) which is an optimization model, input data sets, constraint data sets, and other models used to establish boundary conditions. The OROP shall continue to be used to define and control how wellfield withdrawal points from 90 MGD Facilities, including the Central System Facilities, will be operated to avoid or minimize environmental stress. Throughout the term of the renewed permits for 90 MGD Facilities, including the Consolidated Permit, any proposed change to the optimization formulation or operations protocol or OROP models included in permits for 90 MGD Facilities, including the Consolidated Permit renewal application, will require prior District approval. Permittees of 90 MGD Facilities, including Tampa Bay Water, shall submit to the District an Operations Plan report by July 10 of years 2012, 2014, 2016, 2018 and in conjunction with the applications application to renew permits for 90 MGD Facilities, including the Consolidated Permit. The report shall document updates to the Operations Plan submitted with renewal applications for 90 MGD Facilities, including the Consolidated Permit renewal application, provide a work plan that encompasses the upcoming two years, include activities approved in permittee’s budgets, including Tampa Bay Water’s budget, for the upcoming year that starts October 1 and provide summary information and data on Operations Plan activities during the preceding reporting period.

2. The Operations Plan shall:

a. Define how the permittee, including Tampa Bay Water, will operate 90 MGD Facilities, including the Central System Facilities;

b. Provide the protocol under which the permittee, including Tampa Bay Water will select among 90 MGD Facilities, including the Central System Facilities, to meet demand;

c. Provide the protocol under which the permittee, including Tampa Bay Water, will rotate among 90 MGD Facilities, including the Central System Facilities, to avoid or minimize environmental stresses;

d. Rely upon groundwater ground water elevation target levels in the aquifer systems as a surrogate for water levels in wetlands and lakes, and flows in streams and springs at a specified set of existing and proposed monitor wells, to gauge environmental stresses in and around 90 MGD Facilities, including the Central System Facilities, the wellfields wherein increased groundwater ground water elevations will denote reduced environmental stresses;

e. Include procedures for analyzing relationships between the distribution and rate of withdrawal at 90 MGD Facilities, including the Central System Facilities, the well fields, flow rates in rivers and streams; and the associated Floridan, and surficial aquifer system levels, using available models;

f. Include procedures for selecting optimal scenarios for the distribution and rate of groundwater ground water withdrawals from 90 MGD Facilities, including the Central System Facilities, the well fields using available mathematically-based optimization software, based on projected demand and operating system constraints, such that groundwater ground water levels in the surficial aquifer system are maximized according to a specified weighting/ranking system as a surrogate for water levels in wetlands and lakes and flow in rivers and streams.

g. through i. No change.

(h) Environmental Management Plan, Phase 1 Mitigation Plan, and Consolidated Permit Recovery Assessment Plan – An essential component of this the second phase of the Comprehensive Recovery and Mitigation Plan is Tampa Bay Water’s continued assessment of unacceptable adverse environmental impacts related to groundwater withdrawals from the Central System Facilities. During the recovery strategy period, first phase of the Recovery and Mitigation Plan, Tampa Bay Water developed an Environmental Management Plan (“EMP”) and a Phase 1 Mitigation Plan. Under this second phase of the Comprehensive Recovery and Mitigation Plan, Tampa Bay Water shall continue to implement the EMP and the Phase 1 Mitigation Plan, and permittees of 90 MGD Facilities, including Tampa Bay Water shall develop a Consolidated Permit Recovery Assessment Plan, all as described below.

1. The EMP Environmental Management Plan (“EMP”) that was developed for the Central System Facilities during under the recovery strategy period first phase of the Recovery and Mitigation Plan addresses the monitoring of water resources and environmental systems in the vicinity of the Central System Facilities, assesses water resources and environmental systems for impact by groundwater withdrawals from the Central System Facilities, and coordinates with Tampa Bay Water’s Operations Plan to facilitate wellfield operational changes to address persistent water level impacts attributed to Central System Facility withdrawals. A revised EMP shall be submitted with the renewal application for the Consolidated Permit and shall be implemented throughout the duration of the renewed Consolidated Permit. EMPs shall be submitted with renewal applications for all other 90 MGD Facilities. A new or a The revised EMP shall, as applicable:

a. Identify and propose a list or a revised list of monitoring sites within the areas potentially affected by the 90 MGD Facilities or the Central System Facilities and unaffected control/reference sites;

b. Define and describe the monitoring and data collection methods and reports utilized for documenting the hydrologic and biologic conditions of surface water bodies in and near the 90 MGD Facilities or Central System Facilities; and

c. Describe the process used to determine impacts to water bodies in and near the 90 MGD Facilities or Central System Facilities and the procedures used to attempt corrective action through Operations Plan changes.

2. The Phase 1 Mitigation Plans Plan that was developed for 90 MGD Facilities, including the Central System Facilities, during the recovery strategy period, under the first phase of the Recovery and Mitigation Plan assessed and prioritized, as candidate sites for mitigation, those lakes and wetlands that were predicted to not fully recover following the reduction in groundwater withdrawals from 90 MGD Facilities, including the Central System Facilities, to a long-term average of 90 MGD. Conceptual mitigation projects were developed for the highest priority water bodies and permittees of 90 MGD Facilities, including Tampa Bay Water, have has been evaluating and implementing these projects, where feasible. Evaluation and implementation of these conceptual Phase 1 Mitigation Plan projects, where feasible, shall be continued throughout the duration of the renewed permits for 90 MGD Facilities, including the Consolidated Permit. In addition, each permittee, including Tampa Bay Water, shall revise the list of candidate water bodies to include any sites monitored through the EMP that are impacted by the 90 MGD Facilities, or Central System Facilities withdrawals, as applicable, and are predicted to not fully recover at a long-term average withdrawal rate of 90 MGD from the 90 MGD Facilities, or Central System Facilities, as applicable.

3. The Consolidated Permit Recovery Assessment Plan will evaluate the recovery of water resource and environmental systems attributable to reduction of the groundwater withdrawals from the 90 MGD Facilities or Central System Facilities, as applicable, to a long-term average of 90 MGD, identify any remaining unacceptable adverse impacts caused by the 90 MGD Facilities or Central System Facilities withdrawals, as applicable, at a long-term average rate of 90 MGD, and will identify and evaluate potential options to address any remaining unacceptable adverse impacts at the time of the renewal of 90 MGD Facilities permits or the Consolidated Permit renewal in 2020. The remaining unacceptable adverse impacts will be determined through an update of the assessment of impact previously performed as part of the Phase 1 Mitigation effort. As part of this effort, permittees of 90 MGD Facilities, including Tampa Bay Water, shall:

a. Work cooperatively with the District throughout this second phase of the Comprehensive Recovery and Mitigation Plan to discuss the ongoing development of the Consolidated Permit Recovery Assessment Plan.

b. Submit status reports to the District on a frequency to be defined in the renewed permit for 90 MGD Facilities and the Consolidated Permit demonstrating ongoing progress of the development of the Consolidated Permit Recovery Assessment Plan throughout the duration of this second phase of the Comprehensive Recovery and Mitigation Plan.

c. Submit the final results of the Consolidated Permit Recovery Assessment Plan with the application for the second renewal of 90 MGD Facilities, including the Consolidated Permit, in 2020.

4. Nothing contained in this rule shall be construed to require permittees of 90 MGD Facilities, including Tampa Bay Water, to be responsible for more than its proportionate share of impacts to a Minimum Flow and Levels waterbody that fails to meet, due to impacts from groundwater ground water withdrawals, the established minimum flow or level.

(i) Water Conservation – Water conservation as a means to reduce demand for withdrawals is a key element of the Comprehensive Recovery and Mitigation Plan. The issuance of Wholesale Water Use Permits for Member Governments of permittees of 90 MGD Facilities whose withdrawals and use are not covered by other water use permits is essential to this element. Until Wholesale Water Use Permits are obtained by the Member Governments of permittees of 90 MGD Facilities, as required by Chapter 40D-2, F.A.C., each permittee of 90 MGD Facilities, including Tampa Bay Water, shall report on the permittee’s Authority’s, as applicable, and the Member Governments’ per capita rates, water losses, reclaimed water use, residential water use, and the following measures to reduce water demand. During the term of the renewed permit, permittees of 90 MGD Facilities, including Tampa Bay Water, shall only be responsible for reporting data for any Member Government that does not have a water use permit or a wholesale water use permit that requires such reporting. In the year following the year in which a Member Government is required by permit to report this data, the permittees of 90 MGD Facilities, including Tampa Bay Water, shall no longer be required to submit the data on behalf of the Member Government. This Report shall detail the evaluation of the below-listed measures, the findings and conclusions, and the schedule for implementing selected measures.

1. Toilet rebate/replacement.

2. Fixture retrofit.

3. Clothes washer rebate/replacement.

4. Dishwasher rebate/replacement.

5. Irrigation and landscape evaluation.

6. Irrigation/landscape rebate.

7. Cisterns/rain water harvesting rebate.

8. Industrial/commercial/institutional audits and repair.

9. Florida-Friendly landscape principles.

10. Water Conservation Education.

11. Water-conserving rate structures and drought rates.

12. Multi-family residential metering.

In addition to the above, permittees of 90 MGD Facilities, including Tampa Bay Water, shall report the quantity of water distributed from each source and the recipients and non-Member Government information required by the Public Supply Annual Report.

(3) Recovery Management – The reductions in groundwater withdrawals required for the Central System Facilities were the principal means of achieving the objective of the first phase of the recovery strategy Recovery and Mitigation Plan. The use of sound decision protocols to determine groundwater withdrawal distribution and assessment of the remaining impacts at or below 90 MGD on a 12-month moving average basis are necessary components of the Comprehensive Plan this second phase of the Recovery and Mitigation Plan. The Floridan Aquifer Recovery Management Levels set forth in Table 80-1 below shall be used as long-term guidelines for allocating groundwater withdrawals within the Operations Plan. The Floridan Aquifer Recovery Management Levels are based on the hydrogeologic properties and environmental conditions in the Northern Tampa Bay Area, and are set to advise and guide in determining planned groundwater withdrawal rates, but not as the sole basis by which the District will approve or disapprove the Operations Plan and any amendments or updates.

Table 80-1 No change.

(4) No change.

(5) Supplemental Hydration of Wetlands and Lakes.

In addition to the reduction of groundwater withdrawals, the development of new water supplies and wellfield operational changes addressed by the Comprehensive Plan, supplemental hydration of wetlands and lakes that are unacceptably adversely impacted or are below their established Minimum Levels through the use of groundwater ground water in appropriate circumstances will contribute to the attainment of the objective of the Comprehensive Plan. The circumstances under which supplemental hydration using groundwater ground water will be considered an appropriate recovery mechanism are set forth in Section 4.3 A.1.a.ii.(4) and 4.3 A.1.b. of the Basis of Review for Water Use Permit Applications, which is incorporated by reference in Rule 40D-2.091, F.A.C., and is available upon request to the District.

(6) No change.

(7) 2020 Evaluation of the Comprehensive Plan.

The District shall review the information available during 2020 to determine whether it is sufficient to fully assess remaining impacts from Tampa Bay Water’s Central System Facilities at a withdrawal rate of 90 MGD on a 12-month moving average basis. This information will be considered when developing a strategy for the second renewal of the Consolidated Permit and another a third phase of the Comprehensive Plan. Additionally, the District will determine whether another the third phase of the Comprehensive Plan is necessary to address other permittees.

(8) Hillsborough River Strategy.

Beginning November 25, 2007, the Minimum Flow for the Lower Hillsborough River shall be as provided in subsection 40D-8.041(1), F.A.C., to be achieved on the time schedule as set forth below. The District and the City of Tampa (City) shall measure the delivery of water to the base of the dam relative to their respective elements as described below. The City shall report this information to the District monthly on the 15th day of the following month. In addition, the City shall submit a quarterly written report of all activities and all progress towards timely completion of its elements of the recovery strategy. Such reports will be submitted to the District within 15 calendar days after each calendar year quarter.

(a) The District and the City have entered into the Joint Funding Agreement Between The Southwest Florida Water Management District and The City of Tampa For Implementation of Recovery Projects To Meet Minimum Flows of the Lower Hillsborough River, dated October 19, 2007, (the “Funding Agreement”), which is incorporated herein by reference. A copy of the Funding Agreement is available from the District upon request. The Funding Agreement and subsection 40D-80.073(8), F.A.C., constitute the District’s recovery strategy for the Lower Hillsborough River required by Section 373.0421(2), F.S., and shall not compromise public health, safety and welfare.

(b)1. through 2. No change.

3. Sulphur Springs Project.

a. By October 1, 2009, and as specified in the Funding Agreement incorporated in paragraph (8)(a) above, the City shall complete the modification of the lower weir to provide to the base of the dam all available flow from Sulphur Springs not needed to maintain the minimum flow for manatees as set forth in paragraph 40D-8.041(2)(b), F.A.C.

b. No change.

c. By October 1, 2012, and as specified in the Funding Agreement incorporated in paragraph (8)(a) above, the City is to provide to the base of the dam all available flow, from Sulphur Springs not needed to maintain the minimum flow for Sulphur Springs as set forth in paragraph 40D-8.041(2)(a), F.A.C.

(i) through (ii) No change.

d. No change.

4. Blue Sink Analysis – By October 1, 2010, and as specified in the Agreement incorporated in paragraph (8)(a) above, the City in cooperation with the District shall complete a thorough cost/benefit analysis to divert all available flow from Blue Sink in north Tampa to a location to help meet the minimum flow or to the base of the City’s dam.

5. Transmission Pipeline Evaluation – By October 1, 2010, and as specified in the Funding Agreement incorporated in paragraph (8)(a) above, the City shall complete a thorough design development evaluation to construct a water transmission pipeline from the TBC middle pool to the City’s David L. Tippin Water Treatment Facility, including a spur to just below the City’s dam.

6. Blue Sink Project – By October 1, 2011, and as specified in the Funding Agreement incorporated in paragraph (8)(a) above, the City will provide all available flow from Blue Sink project to help meet the minimum flow provided that all required permits are approved, and it is determined that the project is feasible. Once developed, all water from this source shall be used to the extent that flow is available to help meet the minimum flow for the Lower Hillsborough River.

7. Transmission Pipeline Project – By October 1, 2013, and as specified in the Funding Agreement incorporated in paragraph (8)(a) above, the City shall complete the water transmission pipeline described in sub-subparagraph 40D-80.073(8)(b)5., F.A.C., and move the water the District will move as specified in subparagraphs 40D-80.073(8)(b)2. and 8., F.A.C., to the Lower Hillsborough River directly below the dam as needed to help meet the minimum flow or to transport water in accordance with SWFWMD Water Use Permit No. 20006675.

a. through e. No change.

8. through 9. No change.

(c) The City and the District shall, as specified in the Funding Agreement incorporated in paragraph (8)(a) above, cooperate in the evaluation of options for storage of water (“Storage Projects”) such as aquifer storage and recovery (ASR), and additional source options (e.g., diversions from Morris Bridge Sink greater than those described in subparagraph 40D-80.073(8)(b)8., F.A.C.), in sufficient permitable quantities, that upon discharge to the base of the dam, together with the other sources of flow described in paragraph 40D-80.073(8)(b), F.A.C., will meet the minimum flows beginning October 1, 2017, or earlier.

Figure 80-1 No change.