Minimum Flows for Rainbow River System

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40DER17-01Minimum Flows for Rainbow River System

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The District is required by section 373.042(2)(a), F.S., to adopt a minimum flow or minimum water level (MFL) for the Rainbow River System (an Outstanding Florida Spring) by July 1, 2017. To ensure that the District meets its statutory requirement to adopt MFLs for the Rainbow River System by July 1, 2017, to set limits on further withdrawals that would be significantly harmful to the water resource values (water resources or ecology of the area) of the system, the District is adopting this emergency rule. The basis for this finding of an immediate danger to the public health, safety, or welfare also includes section 373.042(2)(c), F.S., which provides as follows:

The Legislature finds as provided in section 373.801(3)(b), F.S. that the adoption of minimum flows and minimum water levels or recovery or prevention strategies for Outstanding Florida Springs requires immediate action. The department and the districts are authorized, and all conditions are deemed to be met, to use emergency rulemaking provisions pursuant to section 120.54(4), F.S. to adopt minimum flows and minimum water levels pursuant to this subsection and to adopt recovery or prevention strategies concurrently with a minimum flow or minimum water level pursuant to section 373.805(2). The emergency rules shall remain in effect during the pendency of procedures to adopt rules addressing the subject of the emergency rules.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The procedure used by the District to adopt the emergency rule is fair under the circumstances. Affected persons have had a minimum of one week prior notice of the emergency rule. The District included the proposed emergency rule in the Governing Board’s monthly meeting packet which is available to the public at a minimum of seven days prior to the day that the Board and Executive Director approved and filed the emergency rule for adoption. The public is given an opportunity to comment on all matters before the Board during its meetings. The Board’s meeting packet information is posted on the District’s website. Additionally, on June 19, 2017, the District posted on its website a copy of the Draft Final Report for the Rainbow River System MFL proposed in rule 40D-8.041, F.A.C., which contains the proposed emergency rule language. The emergency rule will be posted on the District’s website.

SUMMARY: Until the MFL proposed in rule 40D-8.041(19), F.A.C., becomes effective, this emergency rule will temporarily establish minimum water flow for the Rainbow River System, an Outstanding Florida Spring, pursuant to the mandate of section 373.042, F.S. The minimum flow for the Rainbow River System was developed utilizing the percent-of-flow approach and is expressed in cubic feet per second as a long-term average flow adjusted for groundwater withdrawals from 1965 to 2015 at the USGS Rainbow River at Dunnellon, FL Gage. As with all minimum flows and levels established by the District, if adopted, the minimum flow in this rule would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the water use permitting regulatory process and for reviewing proposed surface water management systems in the environmental resource permitting regulatory process.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Melissa Gulvin, Government Affairs Program Manager, 2379 Broad Street, Brooksville, FL 34604, [e-mail], [phone] or 1(800)423-1476 (FL Only) ext. 4419.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

40DER 17-01 Minimum Flows for the Rainbow River System

(1) Minimum Flow for the Rainbow River System.

(a) For purposes of this rule, the Rainbow River System includes the watercourse from the Rainbow Springs Group headsprings to the Withlacoochee River, including contributing tributaries, and all named and unnamed springs that discharge to the river.

(b) The Minimum Flow for the Rainbow River System is a long-term average flow of 649 cubic feet per second (“cfs”) at the United States Geological Survey Rainbow River at Dunnellon, FL Gage (“United States Geological Survey Gage No. 02313100”). The Minimum Flow is based on a 5% reduction from the long-term average flow of 683 cfs adjusted for groundwater withdrawals for the period of record from 1965­–2015 at the United States Geological Survey Gage No. 02313100.

(c) Status assessments of the Minimum Flow for the Rainbow River System will be completed to determine whether the long-term 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 average flow of the Rainbow River System has been reduced due to withdrawals for the period of record from 1965 to the date of each status assessment at the United States Geological Survey Gage No. 02313100.

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 average flows adjusted for withdrawals, then no further actions are required beyond continued monitoring.

4. If the long-term average flow is below the Minimum Flow, or if the long-term 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 Rainbow River System. 

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

(d) The District will re-evaluate the Minimum Flow within ten years of adoption of this rule.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421 FS. History–New _____.

 

Editor’s note: This emergency rule is being adopted pursuant to 373.042(2)(c), F.S. (2016), and will remain in effect until the related Rainbow River System Minimum Flow proposed in rule 40D-8.041, F.A.C., becomes effective.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.