This rule will amend rule 40D-8.041, F.A.C., to establish Minimum Flows for the Lower Myakka River, pursuant to Section 373.042, F.S. The establishment of the minimum flows will ensure that the minimum hydrologic requirements of the water resources ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-8.041: Minimum Flows

PURPOSE AND EFFECT: This rule will amend Rule 40D-8.041, F.A.C., to establish Minimum Flows for the Lower Myakka River, pursuant to Section 373.042, F.S. The establishment of the minimum flows will ensure that the minimum hydrologic requirements of the water resources and ecology of the Lower Myakka River are maintained.

SUMMARY: Section 373.042, F.S., requires the District to establish minimum flows and levels for water bodies located within the District. The District is required to maintain and submit a priority list of water bodies to the Florida Department of Environmental Protection indicating the schedule for the establishment of minimum flows and levels. This rulemaking will establish minimum flows for the Lower Myakka River, one of the water bodies on the priority list. For purposes of this rule, the Lower Myakka River extends from the outlet of Lower Myakka Lake to the mouth of the river at Charlotte Harbor.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require a Statement of Estimated Regulatory Costs or legislative ratification.

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, 373.171 FS
LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421 FS

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

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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899, telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to ADACoordinator@swfwmd. state.fl.us. 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: Sonya White, Office of General Counsel, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2008069)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-8.041 Minimum Flows.

(1) through (5) No change.

(6) Minimum Flows for Myakka River.

(a) Upper Myakka River.

(a) through (c) renumbered 1. through 3. No change.

(b) Lower Myakka River.

1. The Minimum Flows are necessary to ensure that the minimum hydrologic requirements of the water resources or ecology of the natural systems associated with the Lower Myakka River are met. The Lower Myakka River extends from the outlet of Lower Myakka Lake to the mouth of the river at Charlotte Harbor.

2. The Lower Myakka River receives flows from the Upper Myakka River sub-basin at the location of the USGS gage Myakka River near Sarasota No. 02298830 (the “Myakka Gage”) that are in excess of the naturally occurring flows. The District will remove the excess flows at rates between 0 and 130 cfs in the upper river sub-basin in order to restore natural flows.

3. The Minimum Flow for the Lower Myakka River at the Myakka Gage is 90% of the adjusted flow, when the adjusted flow exceeds 400 cfs. The adjusted flow at the Myakka Gage shall be calculated by adding the flows measured at the Myakka Gage and the excess flows removed by the District from the Upper Myakka River.

(7) through (15) No change.

 

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421 FS. History– Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15, 40D-1.601, Amended 10-1-84, 8-7-00, 2-6-06, 4-6-06, 1-1-07, 11-25-07, 2-18-08, 3-2-08, 5-12-08, 5-10-09, 3-23-10, 3-28-10, 7-12-10, 8-2-10 (8), 8-2-10 (15),_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sid Flannery, Chief Environmental Scientist

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 31, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 6, 2012