The purpose and effect of this rulemaking is to amend Rule 40D-8.624, F.A.C., to establish minimum and guidance levels for Lake Hooker in Hillsborough County, FL pursuant to Section 373.042, Florida Statutes.

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-8.624: Guidance and Minimum Levels for Lakes
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend Rule 40D-8.624, F.A.C., to establish minimum and guidance levels for Lake Hooker in Hillsborough County, FL pursuant to Section 373.042, Florida Statutes.
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 DEP indicating the schedule for the establishment of minimum flows and levels. This rulemaking will establish minimum and guidance levels for Lake Hooker in Hillsborough County, Florida, one of the District’s listed priority waters. A minimum level is the level of surface water at which further water withdrawals would be significantly harmful to the water resources of the area.
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: This rulemaking will not result in increased costs to small businesses or other regulated entities 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, 373.042, 373.0421, 373.086, 373.709 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 [e-mail].. 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: Christina Uranowski, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4271. (OGC File No. 2012013)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-8.624 Guidance and Minimum Levels for Lakes.

(1) through (11) No change.

(12) Levels for lakes established during or after August 7, 2000, are set forth in the following table. After the High Minimum Lake Level and Minimum Lake Level elevation for each lake is a designation indicating the Method used, as described in subsection 40D-8.624(8), F.A.C., to establish the level. Compliance with the High Minimum and Minimum Lake Levels is determined pursuant to paragraphs (6)(b) and (7)(b) above. Guidance Levels established prior to August 7, 2000, are set forth in Table 8-3 in subsection 40D-8.624(13), F.A.C., below.

 

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by County and Basin	Name of Lake and Section, Township and Range Information	High Guidance Level	High Minimum Lake Level	Minimum Lake Level	Low Guidance Level
(a) (j) No change.
(k) In Hillsborough County Within the Northwest Hillsborough River Basin	Hooker, Lake S-1,12, T-29, R-20	43.9’	43.7’ (CAT 3)	42.1’ (CAT 3)	40.8
	Stemper, Lake S-13, T-27, R-18 (Levels in feet NGVD)	61.2'	60.8' (CAT 1)	59.4' (CAT 1)	59.1'
(l) (cc) No change.

 

(13) Guidance Levels established for lakes prior to August 7, 2000, are set forth in the following table:

 

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000
Location of Impoundment by County and Basin	High Level in Feet Above Mean Sea Level (msl)	Low Level in Feet Above Mean Sea Level (msl)	Extreme Low Level in Feet Above Mean Sea Level (msl)
(a)-(j) No change.
(k) In Hillsborough County Within the Hillsborough River Basin LAKES
Bellows, Lake (East Lake)	23.75'	21.50'	19.00'
Burrell, Lake	50.00'	47.50'	45.00'
Commiston, Lake	63.00'	60.50'	59.00'
Eckles, Lake	32.50'	30.00'	28.00'
Egypt, Lake	37.50'	35.00'	32.50'
Gornto, Lake	38.50'	36.00'	34.00'
Hanna, Lake	62.50'	59.50'	58.25'
Hart, Lake	66.00'	64.00'	63.00'
Hog Island, Lake	66.00'	64.00'	61.00'
Hooker, Lake	45.00'	43.00'	42.00'
Kathy, Lake	43.50'	42.50'	42.00'
Keene, Lake	63.00'	60.50'	59.00'
Kell, Lake	66.00'	63.50'	62.50'
Long, Lake	50.25'	48.00'	46.00'
Long Pond	46.50'	44.00'	42.00'
Mud, Lake (Lake Walden)	115.00'	112.50'	110.50'
Thonotosassa, Lake	37.00'	34.50'	33.00'
Unnamed Lake	63.00'	60.50'	59.00'
Unnamed Lake	61.00'	58.50'	57.00'
Valrico, Lake	45.00'	42.50'	41.00'
Weeks, Lake	43.25'	41.00'	39.50'
(l) (cc) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.042, 373.0421, 373.086, 373.709 FS. History–New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-81, 4-14-81, 6-4-81, 10-15-81, 11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-83, 7-5-83, 9-5-83, 10-16-83, 12-12-83, 5-8-84, 7-8-84, 12-16-84, 2-7-85, 5-13-85, 6-26-85, 11-3-85, 3-5-86, 6-16-86, Formerly 16J-8.678, Amended 9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89, 9-26-89, 7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97, 8-7-00, 1-8-04, 12-21-04 (13), 12-21-04 (13), 6-5-05, 5-2-06, 1-1-07, 2-12-07, 1-10-08, 2-18-08, 4-7-08, 5-20-08, 5-10-09, 4-13-11,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Pettit, Staff Attorney, Southwest Florida Water Management District
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 28, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 21, 2012