This amendment modifies the language describing assessment of status of the previously established minimum flows pursuant to Section 373.042, F.S., for the Crystal River/Kings Bay System. The minimum flows are used in the District’s permitting and ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-8.041Minimum Flows

PURPOSE AND EFFECT: This amendment modifies the language describing assessment of status of the previously established minimum flows pursuant to Section 373.042, F.S., for the Crystal River/Kings Bay System. The minimum flows are used in the District’s permitting and resource management and development programs.

SUMMARY: Section 373.042, F.S., requires the District to establish minimum flows and levels for lakes, wetlands, rivers and aquifers. Further, Section 373.0421(3), F.S., requires the District to periodically reevaluate and revise those minimum flows and levels. The previously established minimum flow for the Crystal River/Kings Bay system contains language describing how the status of a minimum flow is assessed. This rulemaking amends that status assessment language.

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.

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, 373.171, FS.

LAW IMPLEMENTED: 373.036, 373.042, 373.0421, 373.086, 373.709, FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Doug Leeper, MFL Program Lead, SWFWMD, 2379 Broad Street, Brooksville, FL 34604, [phone], ext. 4272. (TS2020022)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-8.041 Minimum Flows. 

(1) through (18) No change.

(19) Minimum Flow for the Crystal River/Kings Bay System.

(a) through (b) No change.

(c) Status assessments of the Minimum Flow for the Crystal River/Kings Bay System will be completed to determine whether the long-term tidally-filtered average flow is below or projected to fall below the criteria adopted in this section. Each status assessment is independent from and not a determination of water use permit compliance or environmental resource permit compliance. Permit compliance is a regulatory function that is not within the scope of this subsection. As part of each status assessment, the District will use the following approach:

1. The District will evaluate the Minimum Flow annually to determine the extent to which the long-term tidally-filtered average flow of the Crystal River/Kings Bay System has been reduced due to withdrawals for the period of record from 2002 to the date of each status assessment at the United States Geological Survey Gage No. 02310747.

2. The District will also evaluate the Minimum Flow every five years as part of the regional water supply planning process.

3. If the Minimum Flow is being met based on long-term tidally-filtered average flows adjusted for withdrawals, then no further actions are required beyond continued monitoring.

4. If the long-term tidally-filtered average flow is below the Minimum Flow, or if the long-term tidally-filtered average flow is projected to fall below the Minimum Flow within 20 years based on the evaluation performed as part of the regional water supply planning process, the District will conduct a causation analysis to evaluate the potential causes of impacts on the Crystal River/Kings Bay System.

5. Based on the causation analysis, the District will re-evaluate the Minimum Flow for the Crystal River/Kings Bay System, or adopt a recovery or prevention strategy consistent with the provisions of section 373.0421(2), F.S.

(d) No change.

(20) through (22) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421 FS. History–New 10-5-74, Amended 12-31-74, Formerly 16J-0.15, 40D-1.601, Amended 10-1-84, 8-7-00, 2-6-06, 4-6-06, 1-1-07, 11-25-07, 2-18-08, 3-2-08, 5-12-08, 5-10-09, 3-23-10, 3-28-10, 7-12-10, 8-2-10 (8), 8-2-10 (15), 10-16-12, 3-20-13(16), 3-20-13(17), 6-20-16, 3-15-18, 6-19-18, 4-15-20, __.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Southwest Florida Water Management District

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 24, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 30, 2020