The District proposes to expand the existing boundaries of the Northern Tampa Bay Water Use Caution Area to include all of Pasco County and those portions of Hillsborough County north of State Road 60 that are not presently within the Water Use ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.801: Water-Use Caution Areas
PURPOSE AND EFFECT: The District proposes to expand the existing boundaries of the Northern Tampa Bay Water Use Caution Area to include all of Pasco County and those portions of Hillsborough County north of State Road 60 that are not presently within the Water Use Caution Area. The effect will be to extend to this region the regulatory requirements applicable within the Northern Tampa Bay Water Use Caution Area, to reduce water demands, improve water conservation and ameliorate environmental impacts in the area.
SUMMARY: In 1989, the District declared portions of northern Hillsborough and southwestern Pasco counties and all of Pinellas County a Water Use Caution Area, known as the Northern Tampa Bay Water Use Caution Area (NTBWUCA), to address groundwater withdrawals that had resulted in lowered lake levels, destruction and deterioration of wetlands, streamflow reductions and salt water intrusion into the aquifer. The boundaries of the NTBWUCA were initially limited to this region because regulations adopted to address these impacts focused primarily on reducing water demands in the most heavily populated areas. Since then, population and water demands in the remaining northern portions of Hillsborough and Pasco counties have grown significantly. Therefore, District seeks to expand the NTBWUCA regulations to these remaining areas. Section 7.3 of the District’s Water Use Permit Information Manual Part B, “Basis of Review” and subsection 40D-2.801(3), F.A.C. are amended to revise the geographic boundary of the NTBWUCA. Rule 40D-2.091, F.A.C. is amended to incorporate by reference the effective date of the amendments to the “Basis of Review.”
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.0395, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 3 73.243 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.091 Publications Incorporated by Reference.

The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:

(1) “Water Use Permit Information Manual Part B,” “Basis of Review (_____) for Water Use Permit Applications” (1/07);

(2) through (6) No change.

PROPOSED EFFECTIVE DATE: 10-1-07.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 10-1-07.

 

40D-2.801 Water – Use Caution Areas.

(1) through (2) No change.

(3) No change.

(a) Northern Tampa Bay Water – Use Caution Area. To address ground water withdrawals that have resulted in lowering of lake levels, destruction or deterioration of wetlands, reduction in streamflow, and salt water intrusion, the Governing Board declared portions of northern Hillsborough County, southwestern Pasco County, and all of Pinellas County Counties a Water – Use Caution Area on June 28, 1989, pursuant to Resolution Number 934. The Governing Board approved expansion of the boundaries of the Water Use Caution Area in June 2007.

1. The boundary for the Northern Tampa Bay Water – Use Caution Area is as follows:

All of Pinellas County;

All of Pasco County;

That portion of Pasco County within the following sections:

Township 24S, Range 16E: All Sections;

Township 25S, Range 16E: All Sections;

Township 25S, Range 17E: All Sections;

Township 26S, Range 14E: All Sections;

Township 26S, Range 15E: All Sections;

Township 26S, Range 16E: All Sections;

Township 26S, Range 17E: All Sections;

Township 26S, Range 18E: All Sections;

Township 26S, Range 19E: All Sections;

Township 26S, Range 20E: All Sections; and

That portion of Hillsborough County within the following sections (all Townships are South; all Ranges are East):

Township 27S, Range 17E: All Sections;

Township 27S, Range 18E: All Sections;

Township 27S, Range 19E: All Sections;

Township 27S, Range 20E: All Sections;

Township 27, Range 21: All Sections;

Township 27, Range 22: All Sections;

Township 28S, Range 17E: All Sections;

Township 28S, Range 18E: All Sections;

Township 28S, Range 19E: All Sections;

Township 28S, Range 20E: All Sections;

Township 28S, Range 21E: All Sections;

Township 28S, Range 22E: All Sections;

Township 29S, Range 17E: All Sections;

Township 29S, Range 18E: All Sections;

Township 30S, Range 17E: All Sections;

Township 30S, Range 18E: All Sections;

Township 29S, Range 22E: All Sections North of State Road 60;

Township 29S, Range 21E: All Sections North of State Road 60;

Township 29S, Range 20E: All Sections North of State Road 60:

Township 29S, Range 19E: All Sections except 22-27 and 34-36.

2. through 3. No change.

4. The Northern Tampa Bay Water Use Caution Area is a water resource caution area for purposes of Chapter 403, F.S., and Chapter 62-40, F.A.C.

(b) No change.

PROPOSED EFFECTIVE DATE: 10-1-07.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0395, 373.042, 373.0421, 373.171, 373.216, 373.219, 373.223 FS. History–Readopted 10-5-74, Formerly 16J-3.30, Amended 10-1-89, 11-15-90, 3-1-91, 7-29-93, 1-1-03, 1-1-07, 10-1-07.

 

Water Use Permit Information Manual Part B, Basis of Review

7.3 NORTHERN TAMPA BAY WATER USE CAUTION AREA

The Governing Board originally declared portions of Hillsborough, and Pasco Counties, and all of Pinellas County Counties a Water Use Caution Area (WUCA) on June 28, 1989. The Governing Board approved expansion of the boundaries of the Water Use Caution Area in June 2007. The area designated is shown in Figure 7.3-1; the legal description is provided in paragraph 40D-2.801(3)(a)(c), F.A.C. As of the effective date of this rule, all existing water use permits within the Water Use Caution Area are modified to incorporate the applicable measures and conditions described below. Valid permits, legally in effect as of the effective date of this rule, are hereafter referred to as existing permits. Existing permits within those portions of the Water Use Caution Area added in 2007 shall have until July 1, 2008 to comply with the provisions of this rule. Applicable permit conditions, as specified below, are incorporated into all existing water use permits in the Water Use Caution Area and shall be placed on new permits issued for withdrawals located within the Aarea. However, both the language and the application of any permit conditions listed may be modified when appropriate.

These portions of the Basis of Review for the Northern Tampa Bay Water Use Caution Area are intended to supplement the other provisions of the Basis of Review and are not intended to supersede or replace them. If there is a conflict between requirements, the more stringent provision shall prevail.

1. through 8. No change.

Fig.7.3-1 (revised to show new boundary)

 

Figure 7.3-1

 

PROPOSED EFFECTIVE DATE: October 1, 2007

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 13, 2007