Minimum Flows for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40BER17-01Minimum Flows for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring

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 Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring (Outstanding Florida Springs) by July 1, 2017. To ensure that the District meets its statutory requirement to adopt MFLs for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring 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 Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring, 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 s. 373.801(3)(b) 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 s. 120.54(4) 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 s. 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. The District caused to be published in the May 15, 2017 edition of the Florida Administrative Weekly (Volume 43, Number 94, page 2249) a notice of the District’s regular June 13, 2017 governing board meeting. The May 15, 2017 notice included a notice that the Governing Board would be considering the adoption of the emergency rule at its June 13, 2017 meeting and identifies the emergency rule by number and title and gives a summary of the emergency rule and the web address where the full text of the emergency rule could be obtained as well as the technical documents used to set the emergency rule. Further, the District included the 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 Governing Board approved the emergency rule for adoption. The public is given an opportunity to comment on all matters before the Governing Board during its meetings. The Governing Board’s meeting packet information is posted on the District’s website. Additionally, on or about May 15, 2017, the District posted on its website a notice that the District would hold two public workshops on the emergency rule at 2:00 pm and 6:00 pm on May 24, 2017 at the District headquarters and that the Governing Board would consider the adoption of the emergency rule at its June 13, 2017 meeting. At the public workshops, District staff again stated that the Governing Board would consider the adoption of the emergency rule at its June 13, 2017 meeting. This emergency rule will also be posted on the District’s website.

SUMMARY: Until a non-emergency rule setting a minimum flow and/or minimum water level for the subject springs becomes effective, this emergency rule will temporarily establish minimum water flows for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring, an Outstanding Florida Springs, pursuant to the mandate of section 373.042, F.S. Each water flow has an associated allowable percentage reduction of flow. The terms herein are already defined in Chapter 40B-8, F.A.C. or are defined in the emergency rule itself. As with all minimum flows and levels established by the District, if adopted, the minimum flows and levels in this rule amendment would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the consumptive use permit regulatory process and for reviewing proposed surface water management systems in the environmental resource permit regulatory process.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Carlos Herd, Water Supply Division Director, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060; [phone], [e-mail].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

40BER 17-01 Minimum Flows for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring.

The Governing Board of the Suwannee River Water Management District hereby establishes the following minimum flows. The Governing Board finds that the following minimum flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

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

(a) “Falmouth Spring” means the spring located within Suwannee County, at 30 degrees 21 minutes 40 seconds north latitude and 83 degrees 8 minutes 6 seconds west longitude.

(b) “Lafayette Blue Spring” means the spring located within Lafayette County, adjacent to the Suwannee River at 30 degrees 7 minutes 33 seconds north latitude and 83 degrees 13 minutes 34 seconds west longitude.

( c) “Lime Run Spring” means the spring located within Suwannee County, adjacent to the Suwannee River at 30 degrees 23 minutes 16 seconds north latitude and 83 degrees 9 minutes 40 seconds west longitude.

(d) “Lime Spring” means the spring located within Suwannee County, adjacent to the Suwannee River at 30 degrees 23 minutes 28 seconds north latitude and 83 degrees 10 minutes 7 seconds west longitude.

(e) “Peacock Springs” means the spring located within Suwannee County, adjacent to the Suwannee River at 30 degrees 7 minutes 24 seconds north latitude and 83 degrees 7 minutes 59 seconds west longitude.

(f) “Pumps Off Flow” of a spring means the groundwater flow at the spring assuming no withdrawals of groundwater from wells. To determine the Pumps Off Flow, the best available model or combination of models shall be used.

(g) “Suwanacoochee Spring” means the spring located within Madison County, adjacent to the Suwannee River at 30 degrees 23 minutes 12 seconds north latitude and 83 degrees 10 minutes 18 seconds west longitude.

(h) “Troy Spring” means the spring located within Lafayette County, adjacent to the Suwannee River at 30 degrees 0 minutes 22 seconds north latitude and 82 degrees 59 minutes 50 seconds west longitude.

(2) The minimum flow for Lafayette Blue Spring is established as a 9.9% reduction in the Pumps Off Flow of such spring. This minimum flow shall remain in effect until the non-emergency rule setting a minimum flow and/or minimum water level for Lafayette Blue Spring becomes effective.

(3) The minimum flow for Peacock Springs is established as a 9.9% reduction in the Pumps Off Flow of such spring. This minimum flow shall remain in effect until the non-emergency rule setting a minimum flow and/or minimum water level for Peacock Springs becomes effective.

(4) The minimum flow for Troy Spring is established as a 9.9% reduction in the Pumps Off Flow of such spring. This minimum flow shall remain in effect until the non-emergency rule setting a minimum flow and/or minimum water level for Troy Spring becomes effective.

(5) The minimum flow for Falmouth Spring is established as a 9.9% reduction in the sum total of (i) the Pumps Off Flow of Lime Spring; (ii) the Pumps Off Flow of Lime Run Spring; and, (iii) the Pumps Off Flow of Suwanacoochee Spring. This minimum flow shall remain in effect until the non-emergency rule setting a minimum flow and/or minimum water level for Falmouth Spring becomes effective.

Rulemaking Authority 373.042(2)(a-d), 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History–New 06-30-17.

 

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

EFFECTIVE DATE: June 30, 2017