To identify Lake Okeechobee as a waterbody which has experienced or is projected to experience minimum flow and level violations and establish a recovery strategy for Lake Okeechobee. Lake Okeechobee is a part of the Central and Southern Florida ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-8.421: Prevention and Recovery Strategies
PURPOSE AND EFFECT: To identify Lake Okeechobee as a waterbody which has experienced or is projected to experience minimum flow and level violations and establish a recovery strategy for Lake Okeechobee. Lake Okeechobee is a part of the Central and Southern Florida Flood Control Project and is subject to a U.S. Army Corps of Engineers (USACE) regulation schedule. Under implementation of the former Water Supply and Environment Lake regulation schedule, the Lake Okeechobee minimum flow and level was not projected to be violated and a prevention strategy existed. Due to recent implementation of a new USACE Lake regulation schedule, the Lake’s minimum flow and level is now projected to be violated and a recovery strategy is necessary. This rule changes the Lake’s status from prevention to recovery and details the essential components of the Lake’s recovery strategy.
SUMMARY: The proposed rules change Lake Okeechobee’s minimum flow and level status from prevention to recovery. Moreover, the rule identifies the recovery strategy’s four components which will be fully described in the LEC Regional Water Supply Plan Appendix H update. One of these components concerns regulatory constraints which are detailed in a companion rulemaking effort and found in Chapter 40E-2, F.A.C.
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, 373.171 FS.
LAW IMPLEMENTED: 373.016, 373.036, 373.0361, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246 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-8.421 Prevention and Recovery Strategies.

(1) No change.

Harm Standards

(2) The Everglades, Lake Okeechobee, and the Caloosahatchee River.

(a) As the effective date of this rule, September 10, 1001, Tthe Everglades, Lake Okeechobee and Caloosahatchee River have experienced or are projected to experience MFL violations. As a result, the LEC Plan and the LWC Plan contain approved recovery strategies, pursuant to Section 373.0421, F.S. Included in these recovery and prevention strategies is the CERP.

(b) MFLs for many areas within the Everglades, Lake Okeechobee, and the Caloosahatchee River, that are part of or served by the C&SF Project, will not be achieved immediately upon adoption of this rule largely because of the lack of adequate regional storage, including U.S. Army Corps of Engineers’ regulation schedule effects, or ineffective water drainage and distribution infrastructure. Although not all locations within the Everglades are currently in violation of the proposed MFL, the Everglades, as a whole, is subject to a recovery strategy. The LEC Plan identifies the structural and non-structural remedies necessary for the recovery of MFL water bodies. These structural and non-structural remedies are also intended to restore the Everglades, Lake Okeechobee and the Caloosahatchee River above the MFLs, through Chapter 373, F.S., authorities of the District.

(c) The projected long-term restoration of flows and levels in the Everglades resulting from implementation of the LEC Plan and the CERP is documented in the LEC Plan, and are intended to more closely approximate “pre-drainage” conditions. The planned components include implementing consumptive use and water shortage programs, removing conveyance limitations, implementing revised C&SF Project operational programs, storing additional freshwater, reserving water for the protection of fish and wildlife, and developing alternative sources for water supply. These components will be implemented over the next 20 years, resulting in a phased restoration of the affected areas.

(d)(c) The District, as the U.S. Army Corps of Engineers’ local sponsor of the C&SF Project, is charged with implementing the CERP, in accordance with the Water Resources Development Act of 2000 (WRDA), Title VI entitled “Comprehensive Everglades Restoration,” and in accordance with State law. Assurances regarding water availability for consumptive uses and protection of natural systems are set forth in WRDA, Chapter 373, F.S., CERP and the LEC Plan, which will be followed by the District in implementing this chapter. Additional quantities of water for both consumptive uses and the natural systems made available from the CERP and other water resource development projects will be documented and protected on a project basis. For project components implemented under CERP, the additional quantity, distribution and timing of delivery of water that is made available for the natural system for consumptive use, will be identified consistent with purposes of the CERP. Under State law, water reservations and water allocations to consumptive uses will be utilized to protect water availability for the intended purposes.

(e) Lake Okeechobee. Under implementation of the Water Supply and Environment (WSE) lake regulation schedule assumptions, the Lake Okeechobee MFL was not projected to be violated and a MFL prevention strategy was adopted. However, due to changes in the Lake Okeechobee Regulation Schedule (LORS), which received final approval in April 2008, the Lake MFL is projected to be violated and a MFL recovery strategy is necessary. This recovery strategy will remain in effect until the MFL criteria is met pursuant to Section 373.0421, F.S. The Lake Okeechobee MFL recovery strategy shall consist of four components, as fully described in the LEC Regional Water Supply Plan Appendix H, as updated in October, 2008. These components consist of:

1. Environmental enhancement projects to be implemented during extreme low Lake stages,

2. Regulatory constraints on consumptive use of Lake water,

3. Water shortage restrictions as described in Chapter 40E-22, F.A.C., and

4. Capital projects that improve storage capacity both within and adjacent to the Lake.

(3) Lake Okeechobee. The LEC Plan contains an approved prevention strategy for Lake Okeechobee pursuant to Section 373.0421, F.S. The prevention strategy consists of implementing the District’s water shortage plan, including supply side management, as simulted in the LEC Plan, and constructing and operating water supply and resource development projects.

(3)(4) Biscayne Aquifer. No change.

(4)(5) Lower West Coast Aquifers. No change.

(5)(6) St. Lucie River and Estuary. No change.

(6)(7) Northwest Fork of the Loxahatchee River Recovery Strategy: Purpose and Intent. No change.

(7)(8) Lake Istokpoga. No change.

(8)(9) Florida Bay. No change.

Specific Authority §§ 9, 10 P.L. 83-358, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.0361, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246 FS. History– New 9-10-01, Amended 11-11-02, 4-1-03, 1-19-06, 12-12-06, 4-23-07,_________.

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