To address water supply availability issues within the Lake Okeechobee Service Area by amending consumptive use criteria which will also serve as a component of the Lake Okeechobee minimum flow and level recovery strategy. Undertaking this rule ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-20.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: To address water supply availability issues within the Lake Okeechobee Service Area by amending consumptive use criteria which will also serve as a component of the Lake Okeechobee minimum flow and level recovery strategy. Undertaking this rule development is in response to lower Lake management levels and storage under the newly adopted U.S. Army Corps of Engineers’ interim Lake Okeechobee Regulation Schedule.
SUMMARY: The proposed rules include criteria which will affect applications for consumptive use permits requesting withdrawal of surface water from Lake Okeechobee or hydraulically connected systems. The proposed criteria requires permit applicants to demonstrate the requested allocation will not cause a net increase in the volume of surface water withdrawn from Lake Okeechobee over the base condition water use. Moreover, the criteria states allocation of water to new public water supply uses above the general permit threshold is determined to be incompatible with the Lake Okeechobee water supply source.
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 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.103(4), 373.118, 373.223, 373.229 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 14, 2008, 9:00 a.m.
PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
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: South Florida Water Management District Clerk, 1(800)432-2045, ext. 2087 or [phone]. 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: Jim Harmon, Director, Water Use Permitting Division, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6777 or [phone], email: [e-mail] or Beth Ross, Senior Specialist Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6257 or [phone], email: [e-mail]. For procedural questions, contact Jan Sluth, Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6299 or [phone], email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-20.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – _________February 13, 2008”, is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08,_________.

 

See Notice of Proposed Rule 40E-2.091, F.A.C., herein, for amendments to Subsection 2.3.1 (G) Basis of Review for Water Use Permit Applications within the South Florida Water Management District

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Harmon, Director, Water Use Permitting Division
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 18, 2008