The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend Rule 40B-8.021, F.A.C., to add definitions to aid in the implementation of minimum flows and minimum water levels for the Steinhatchee ...

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40B-8.021Definitions

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend Rule 40B-8.021, F.A.C., to add definitions to aid in the implementation of minimum flows and minimum water levels for the Steinhatchee River and associated priority springs; and revise existing definitions to provide for rule clarity.

SUMMARY: Minimum Flows and Minimum Water Levels definitions

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 has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to 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 FS.

LAW IMPLEMENTED: 373.042 FS.

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

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: SRWMD at [phone] or [phone] (FL only). 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: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or [phone] (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-8.021 Definitions.

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

(1) through (7) No change.

(8) “Fanning Spring” means the single spring vent located within Levy County, adjacent to the Suwannee River at 29 degrees 33 minutes 14 seconds north latitude and 82 degrees 56 minutes 07 seconds west longitude.

(9) through (16) No change.

(17) “Levy Blue Spring” means the a single spring vent located within Levy County, near the Town of Bronson, adjacent to the Waccasassa River at 29 degrees 27 minutes 03 seconds north latitude and 82 degrees 41 minutes 56 seconds west longitude.

(18) through (27) No change.

(28) “Nutall Rise” means the spring located on the border of Jefferson and Taylor counties, adjacent to the Aucilla River at 30 degrees 9 minutes 2 seconds north latitude and 83 degrees 57 minutes 48 seconds west longitude. “Withlacoochee River Near Pinetta, FL gage” means stream flow measuring gauge number 02319000 located on the Withlacoochee River approximately 10 miles upstream from Madison Blue Spring at 30 degrees 35 minutes 43 seconds north latitude and 83 degrees 15 minutes 35 seconds west longitude.

(29) “Santa Fe River” means the riverine waterbody that originates in Lake Santa Fe, Alachua County, Florida and flows west discharging into the Suwannee River south of Branford, Florida. “Nutall Rise” means the spring located on the border of Jefferson and Taylor Counties, adjacent to the Aucilla River at 30 degrees 9 minutes 2 seconds north latitude and 83 degrees 57 minutes 48 seconds west longitude.

(30) “Santa Fe River at Worthington Springs, FL gage” means stream flow measuring gage number 02321500 located on the Santa Fe River 0.8 mile downstream from New River at 29 degrees 55 minutes 18 seconds north latitude and 82 degrees 25 minutes 35 seconds west longitude, in Alachua County.“Stage Duration Frequency” means a statistical representation of stages, actual or synthetic, and their recurrence probabilities over a determined period of record.

(31) “Santa Fe River Near Graham, FL gage” means stream flow measuring gage number 02320700 located on the Santa Fe River approximately 1.5 miles upstream from Sampson River at 29 degrees 50 minutes 46 seconds north latitude and 82 degrees 13 minutes 11 seconds west longitude, in Alachua County. “Suwannee River” means the riverine waterbody which originates in south-central Georgia and flows southeast and south into Florida discharging into the Gulf of Mexico north of Cedar Key.

(32) “Stage Duration Frequency” means a statistical representation of stages, actual or synthetic, and their recurrence probabilities over a determined period of record. “Santa Fe River” means the riverine waterbody which originates in Lake Santa Fe, Alachua County, Florida and flows west discharging into the Suwannee River south of Branford, Florida.

(33) “Steinhatchee Rise” means the spring located within Dixie County, adjacent to the Steinhatchee River at 29 degrees 46 minutes 12 seconds north latitude and 83 degrees 19 minutes 30 seconds west longitude. “Santa Fe River Near Graham, FL gage” means stream flow measuring gage number 02320700 located on the Santa Fe River approximately 1.5 miles upstream from Sampson River at 29 degrees 50 minutes 46 seconds north latitude and 82 degrees 13 minutes 11 seconds west longitude, in Alachua County, Florida.

(34) “Steinhatchee River” means the riverine waterbody, its tributaries and estuary that originate from diffuse runoff and groundwater discharge in Lafayette and Taylor counties, Florida and flows south-southwest, generally forming the boundary between Dixie and Taylor counties, before discharging into the Gulf of Mexico near Steinhatchee, Florida. “Santa Fe River at Worthington Springs, FL gage” means stream flow measuring gage number 02321500 located on the Santa Fe River 0.8 mile downstream from New River at 29 degrees 55 minutes 18 seconds north latitude and 82 degrees 25 minutes 35 seconds west longitude, in Alachua County, Florida.

(35) “Steinhatchee River Near Cross City, FL gage” means the stream flow measuring gage number 02324000 located on the Steinhatchee River at 29 degrees 47 minutes 11 seconds north latitude and 83 degrees 19 minutes 18 seconds west longitude. “Suwannee River Next Wilcox, FL gage” means stream flow measuring gage number 02323500 located on the Suwannee River at 29 degrees 05 minutes 90 seconds north latitude and 82 degrees 09 minutes 37 seconds west longitude.

(36) “Suwannee River” means the riverine waterbody that originates in south-central Georgia and flows southeast and south into Florida discharging into the Gulf of Mexico north of Cedar Key, Florida. “Thomas Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees  20 minutes 23 seconds north latitude and 83 degrees 59 minutes 32 seconds west longitude.

(37) “Suwannee River Near Wilcox, FL gage” means stream flow measuring gage number 02323500 located on the Suwannee River at 29 degrees 35 minutes 22 seconds north latitude and 82 degrees 56 minutes 12 seconds west longitude. “Waccasassa River and Estuary” means the riverine waterbody thatwhich originates in Gilchrist and Alachua Counties and flows southwest discharging into the Gulf of Mexico between Cedar Key and Yankeetown.

(38) “TAY76992” or “Beaver Creek Spring” means the spring located within Taylor County, adjacent to the Steinhatchee River at 29 degrees 45 minutes 41 seconds north latitude and 83 degrees 20 minutes 06 seconds west longitude. “Waccasassa River Near Gulf Hammock, FL gage” means stream flow measuring gage number 02313700 located on the Waccasassa River 0.5 mile upstream from Otter Creek at 29 degrees 12 minutes 14 seconds north latitude, 82 degrees 46 minutes 09 seconds west longitude in Levy County, Florida.

(39) “Thomas Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 20 minutes 23 seconds north latitude and 83 degrees 59 minutes 32 seconds west longitude. “Wacissa Head Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 20 minutes 24 seconds north latitude and 83 degrees 59 minutes 29 seconds west longitude.

(40) “Waccasassa River and Estuary” means the riverine waterbody that originates in Gilchrist and Alachua counties and flows southwest discharging into the Gulf of Mexico between Cedar Key and Yankeetown, Florida.“Wacissa River” means the riverine waterbody that originates from a spring system in Jefferson County, Florida and flows southeast diffusing into numerous braids before discharging into the Aucilla River.

(41) “Waccasassa River Near Gulf Hammock, FL gage” means stream flow measuring gage number 02313700 located on the Waccasassa River 0.5 mile upstream from Otter Creek at 29 degrees 12 minutes 14 seconds north latitude, 82 degrees 46 minutes 09 seconds west longitude in Levy County.“Wacissa River Near Wacissa, FL gage” means stream flow measuring gage number 02326526 located on the Wacissa River in Jefferson County, Florida. (38) “Waccasassa River Near Gulf Hammock, FL gage” means stream flow measuring gage number 02313700 located on the Waccasassa River 0.5 mile upstream from Otter Creek at 29 degrees 12 minutes 14 seconds north latitude, 82 degrees 46 minutes 09 seconds west longitude in Levy County, Florida.

(42) “Wacissa Head Spring” means the spring located within Jefferson County, adjacent to the Wacissa River at 30 degrees 20 minutes 24 seconds north latitude and 83 degrees 59 minutes 29 seconds west longitude. “Withlacoochee River” means the riverine waterbody which originates in south-central Georgia and flows southeast and south into Florida discharging into the Suwannee River at Ellaville.

(43) “Wacissa River” means the riverine waterbody that originates from a spring system in Jefferson County, Florida and flows southeast diffusing into numerous braids before discharging into the Aucilla River. “Withlacoochee River Near Pinetta, FL gage” means stream flow measuring gauge number 02319000 located on the Withlacoochee River approximately 10 miles upstream from Madison Blue Spring at 30 degrees 35 minutes 43 seconds north latitude and 83 degrees 15 minutes 35 seconds west longitude.

(44) “Wacissa River Near Wacissa, FL gage” means stream flow measuring gage number 02326526 located on the Wacissa River in Jefferson County, Florida.

(45) “Withlacoochee River” means the riverine waterbody thatwhich originates in south-central Georgia and flows southeast and south into Florida discharging into the Suwannee River at Ellaville, Florida.

(46) “Withlacoochee River Near Pinetta, FL gage” means stream flow measuring gauge number 02319000 located on the Withlacoochee River approximately 10 miles upstream from Madison Blue Spring at 30 degrees 35 minutes 43 seconds north latitude and 83 degrees 15 minutes 35 seconds west longitude.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042 FS. History–New 9-15-05, Amended 8-7-06, 7-29-07, 12-10-07, 6-27-16,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Suwannee River Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 14, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 21, 2019