The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to develop rule 40B-8.101 for the purpose of implementing new minimum flows and minimum water levels for the Steinhatchee River and associated ...

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40B-8.101Minimum Flows and Minimum Water Levels for the Steinhatchee River and Steinhatchee River Priority Springs

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to develop rule 40B-8.101 for the purpose of implementing new minimum flows and minimum water levels for the Steinhatchee River and associated priority springs. The effect of the rule will be to provide protection for this area from significant harm resulting from consumptive uses of ground and surface water.

SUMMARY: Minimum flows and minimum water levels for the Steinhatchee River and associated priority springs, in accordance with Rule 62-40.473, F.A.C., and Sections 373.042 and 373.0421, F.S.

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, 373.0421, 373.103 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-8.101 Minimum Flows and Minimum Water Levels for the Steinhatchee River and Steinhatchee River Priority Springs.

The Governing Board 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.

(1)The minimum surface water flow for the Steinhatchee River occurs when the cumulative change in flow at the Steinhatchee River Near Cross City, FL gage is greater than 2.07 cubic feet per second (cfs) from a flow that has been unchanged by groundwater withdrawals, surface water withdrawals, or a combination of both.

(2)The minimum surface water flows for the Steinhatchee River priority springs are established as the following cumulative percent reductions from the median flow of such springs measured at the spring vent or as close thereto as reasonably possible:

(a) TAY76992: 11.5 percent;

(b) Steinhatchee Rise: 11.5 percent.

(3) In addition to the criterion set forth in section 40B-8.101(1), F.A.C., a cumulative surface water flow reduction of 11.5 percent of the prior day’s flow at the Steinhatchee River Near Cross City, FL gage when flow is greater than 8.70 cfs and less than or equal to 858 cfs, or a cumulative reduction in flow of 98.7 cfs when flow is greater than 858 cfs and less than or equal to 1,790 cfs, or a cumulative reduction in flow of 5.5 percent when flow is greater than 1,790 cfs does not result in significant harm.  For the purposes of this section, the "prior day's average flow" will be the daily mean discharge in cfs for the previous calendar day measured at the Steinhatchee River Near Cross City, FL gage.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History–New____.

 

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