The purpose of the proposed amendment to Rule 62-40.110 is to set a goal for consistency in water management district regulatory programs. The purpose of the proposed amendments to Rule 62-40.210 is to provide definitions for new terms provided for ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-40.110Declaration and Intent

62-40.210Definitions
62-40.410Water Supply Protection and Management

62-40.412Water Conservation

62-40.416Water Reuse and Recycling

62-40.473Minimum Flows and Levels

62-40.474Reservations
62-40.510Florida Water Plan

PURPOSE AND EFFECT: The purpose of the proposed amendment to Rule 62-40.110 is to set a goal for consistency in water management district regulatory programs. The purpose of the proposed amendments to Rule 62-40.210 is to provide definitions for new terms provided for in the proposed amendments to Rule 62-40.416 and eliminate definitions duplicated in statute. The purpose of the proposed amendments to Rule 62-40.410 is to provide guidance to the water management districts on when it is not appropriate to reduce permitted water allocations during the term of a permit. The purpose of the proposed amendments to Rule 62-40.412 is to ensure water conservation is not disincentivized by ensuring permitted water use is not taken away during a permit term due to successful conservation. The purpose of the proposed amendments to Rule 62-40.416 is to incentivize the use of reclaimed water and provide for new methods by which consumptive use permit applicants may meet the conditions for issuance. The purpose of the proposed amendments to Rule 62-40.473 is to provide additional direction to the water management districts on the content and schedule included in their annual minimum flow and level priority list and when to develop any needed recovery and prevention strategies when a minimum flow and level is adopted. The purpose of the proposed amendments to Rule 62-40.474 is to provide additional direction to the water management districts on reservations of water. The purpose of the proposed amendments to Rule 62-40.510 is to simplify and make the Florida Water Plan more useful.

SUMMARY: The proposed amendment to Rule 62-40.110 adds a goal of consistency in water management district (District) regulatory programs, while recognizing regional differences. The proposed amendments to Rule 62-40.110 eliminate definitions duplicated in statute and add definitions necessary to implement the proposed amendments to Rule 62-40.416. In order to provide water users with certainty in their business planning, the proposed amendments to Rule 62-40.410 directs the Districts to not reduce water allocations during a permit term due to fluctuations in economic conditions, population growth rates, and other factors, unless there is no reasonable likelihood the allocation will be needed during the term of the permit. In order to eliminate a disincentive for conserving water, the proposed amendments to Rule 62-40.412 directs the Districts not to reduce the permitted allocation of water during a permit term due to successful water conservation measures, and includes permit extensions as one of the incentives that should be considered to promote water conservation. The proposed amendments to Rule 62-40.416 result in part from legislative changes codified in Section 373.250(5)(a), F.S. These amendments provide the criteria under which an applicant may propose and receive approval of an impact offset or substitution credit using reclaimed water to meet the conditions of issuance for a surface or groundwater withdrawal. Additionally, this rule provides criteria by which an applicant may apply for ground or surface water to supplement reclaimed water supplies. The proposed amendments to Rule 62-40.473 direct the Districts to approve a recovery or prevention strategy simultaneously with the adoption of an MFL in certain circumstances; provides guidance on when to seek peer review for a minimum flow and level; and provides that Districts include, on their annual priority list, a three year schedule and identify water bodies that may be affected by withdrawals in more than one District. The proposed amendments to Rule 62-40.474 provide the Districts guidance on when to seek peer review for a reservation and provide that the Districts identify proposed reservations on their annual minimum flow and level priority list. The proposed amendments to Rule 62-40.510 simplify the content of the Florida Water Plan and provide for annual publication of the plan on the Department’s website.

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.

There is no economic impact to small business for most of the rules proposed herein. For rules 62-40.412, 62-40.510, 62-40.410, and 62-40.416, cost savings for the regulated community and water management districts may result due to increased consistency and regulatory certainty.

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 adverse economic impacts to small business for the rule amendments proposed herein. For rules 62-40.412, 62-40.510, 62-40.410, and 62-40.416, cost savings for the regulated community and water management districts may result due to increased consistency and regulatory certainty.
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: 373.026(7), 373.043, 373.036, 373.171 FS.

LAW IMPLEMENTED: 373.023, 373.026, 373.033, 373.036, 373.0395, 373.042, 373.0421, 373.046, 373.047, 373.086, 373.0831, 373.086, 373.103, 373.106, 373.145, 373.171, 373.175, 373.185, 373.223, 373.227, 373.233, 373.246, 373.250, 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 373.453, 373.621, 373.703, 373.711, 403.0615, 403.064, 403.0891 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 23, 2013, 9:00 a.m.

PLACE: 2600 Blair Stone Rd., Room 609, Tallahassee, FL 32399

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 48 hours before the workshop/meeting by contacting: Kathleen Greenwood, [phone], [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: Kathleen Greenwood, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-40.110 Declaration and Intent.

(1) through (9) No change.

(10)A goal of this chapter is to promote consistency in the regulatory programs of the water management districts except as needed to accommodate regional differences in water resources.

(10) through (12) renumbered (11) through (13) No change.

Rulemaking Specific Authority 373.026(7), 373.043, 373.036(1)(d), 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.0421, 373.046, 373.047, 373.0831, 373.086, 373.103, 373.106, 373.145, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Fla. History-New 5-5-81, Formerly 17-40.01, Amended 12-5-88, Formerly 17-40.001, Amended 8-14-90, 12-17-91, Formerly 17-40.110, Amended 7-20-95, 5-7-05, ________.

 

62-40.210 Definitions.

When used in this Chapter and in the review of rules of the Districts pursuant to Section Subsection 373.114(2), F.S., unless the context or content of such District rule requires a narrower, more specific meaning, the following words shall mean:

(1) through (8) No change.

(9) “District Water Management Plan” is defined in Section 373.019, F.S. means the regional water resource plan developed by a governing board under Section 373.036, F.S.

(10) through (11) No change.

(12) “Florida Water Plan” is defined in Section 373.019, F.S. means the state-level water resource plan developed by the Department under Section 373.036, F.S.

(13) through (17) No change.

(18) “Impact Offset” means the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of a proposed surface water or groundwater withdrawal.

(18) through (22) renumbered (19) through (23) No change.

(24)(23) “Reasonable-beneficial use” is defined in Section 373.019, F.S. means the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.

(24) through (25) renumbered (25) through (26) No change.

(27)(26) “Regional water supply plan” is defined in Section 373.019, F.S. means a water supply plan approved by a governing board pursuant to Section 373.0361, F.S.

(27) through (28) renumbered (28) through (29) No change.

(30) “Reuse Utility” means a utility that produces reclaimed water or distributes reclaimed water to end users.

(29) through (32) renumbered (31) through (34) No change.

(35)(33) “Stormwater management program” is defined in Section 403.031, F.S. means the institutional strategy for stormwater management, including urban, agricultural, and other stormwater.

(36)(34) “Stormwater management system” is defined in Section 373.403, F.S. means a system which is designed and constructed or implemented to control stormwater, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the system.

(37)(35) No change.

(38)(36) “Stormwater utility” is defined in Section 403.031, F.S. means the entity through which funding for a stormwater management program is obtained by assessing the cost of the program to the beneficiaries based on their relative contribution to its need. It is operated as a typical utility that bills services regularly, similar to water and wastewater services.

(39) “Substitution credit” means the use of reclaimed water to replace all or a portion of an existing permitted use of resource-limited surface water or groundwater, allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source provided that the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by district rule as part of a strategy to protect or recover a water resource.

(40) “Supplementation of a reclaimed water system” or “supplementation” means the addition of water from another source to reclaimed water supplies.

(41)(37) “Surface water” is defined in Section 373.019, F.S. means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(42)(38) “Total maximum daily load,” or TMDL, is defined in Section 403.031, F.S. means the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a pollutant that a water body or water segment can assimilate from all sources without exceeding water quality standards must first be calculated.

(43)(39) No change.

(44)(40) “Water” or “waters in the state” is defined in Section 373.019, F.S. means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.

(45)(41) “Watershed” is defined in Section 373.403, F.S. means the land area that contributes to the flow of water into a receiving body of water.

(46)(42) No change.

Rulemaking Specific Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.019, 373.023, 373.026, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.0421, 373.046, 373.047, 373.103, 373.106, 373.145, 373.171, 373.175, 373.1961, 373.203, 373.223, 373.246, 373.250, 373.403, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.067, 403.0891 FS. History–New 5-5-81, Formerly 17-40.02, Amended 12-5-88, Formerly 17-40.020, Amended 8-14-90, 12-17-91, Formerly 17-40.210, Amended 7-20-95, 5-7-05, _________.

 

62-40.410 Water Supply Protection and Management.

The following shall apply when the use of water is regulated pursuant to Part II of Chapter 373, F.S.:

(1) through (3) No change.

(4)               If water withdrawals are causing, or are projected to cause within 20 years, a water body to fall below its minimum flow or level established pursuant to Sections 373.042 and 373.0421, F.S., a recovery or prevention strategy shall be expeditiously implemented to achieve or maintain the established minimum flow or level consistent with Section 373.042(2), F.S. For water bodies that are below their established minimum flow or level, renewals of existing consumptive use permits, increased allocations, or new withdrawals shall be allowed only if they meet applicable District rules, including those implementing the recovery or prevention strategy.

(5) through (8) renumbered (4) through (7) No change.

(8)              For all water use classes, when economic conditions or population growth rates result in the actual water use being lower than permitted water use, a modification to reduce the permitted allocation shall only be made by the District when there is no reasonable likelihood that the allocation will be needed during the permit term. For agricultural consumptive use permits for irrigation, reductions in actual use compared to permitted consumptive use that are due to weather events, crop diseases, nursery stock availability, or changes in crop type shall not result in a permit modification by the District to reduce the permitted allocation during the term of the permit as long as the use for each crop remains efficient. Nothing in this subsection shall be construed to alter the Districts’ authority to reduce permitted consumptive use under circumstances not addressed by this subsection, nor to mean that water conservation requirements of the permit need not continue to be met throughout the term of the permit.

(9) No change.

Rulemaking Specific Authority 373.026(7), 373.043, 373.036(1)(d), 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.103, 373.171, 373.175, 373.1961, 373.223, 373.233, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.703, 403.064, 403.0891 FS. History-New 7-20-95, Amended 5-7-05, 5-7-06, __________.

 

62-40.412 Water Conservation.

(1) No change.

(2) The Districts shall seek to accomplish this goal by:

(a) through (c) No change.

(d) Considering incentives, such as longer term permits, or greater certainty of supply during water shortages, and permit extensions, for permittees that implement conservation measures significantly beyond those required in the permitting process;             

(e) through (h) No change.

(3) No change.

(4) In order to incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted water use shall not be modified by the District due to these circumstances during the term of the permit to reduce the permitted allocation by the conserved amount. Nothing in this subsection shall be construed to alter the Districts’ authority to reduce permitted consumptive use under circumstances not addressed by this subsection.

 

Rulemaking Specific Authority 373.026(7), 373.043, 373.036(1)(d), 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.0391, 373.103, 373.145, 373.171, 373.175, 373.1961, 373.223, 373.227, 373.246, 373.250, 373.418, 373.621, 373.703, 373.711, 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Fla. History-New 7-20-95, Amended 1-7-97, 5-7-05, _________.

 

62-40.416 Water Reuse and Recycling.

(1) through (4) No change.

(5) Reclaimed water may be presumed available to a consumptive use permit applicant when a reuse utility exists that provides reclaimed water, which has determined it that has uncommitted reclaimed water capacity, and which that has distribution facilities, that are initially provided by the utility at its cost, to the site of affected applicant’s proposed use.

(6) No change.

(7) Supplementation of reclaimed water systems is a strategy that can benefit Florida’s water resources by reducing reliance on traditional water supplies and maximizing the use of reclaimed water.

(a) When determining whether the use of water for supplementation is reasonable-beneficial and consistent with the public interest, the Districts shall recognize the benefits of supplementation as well as evaluate whether the requested supplementation quantity is needed to achieve such benefits.

(b)When use of water for supplementation is requested, the Districts shall require a reclaimed water supplementation plan from an applicant. This plan shall demonstrate why the requested quantity of water is needed to efficiently operate or expand the reclaimed water system. The plan shall consider:

1.Use of lower quality water sources;

2.Pressure reduction;

3.Designation of primary and secondary (interruptible) customers;

4.The appropriate level of certainty to be provided to end users during drought conditions;

5.Financial incentives for voluntary use reductions;

6.Reclaimed water interconnects with adjacent communities;

7.Providing customers with written information supporting the need to conservatively use reclaimed water;

8.Regulatory constraints or requirements on discharges;

9.Demand management;

10.Creation of additional storage; and

11.Any other measures identified by the applicant or District to efficiently operate or expand the reclaimed water system.

(c)The use of water for supplementation shall be approved provided the applicant demonstrates that:

1.The supplementation will increase the amount of reclaimed water beneficially used, reduce the amount of reclaimed water disposal, and reduce the need for higher quality sources for non-potable purposes;

2.The quantity of water requested for supplementation to achieve the benefits in (c)(1) has been minimized to the extent environmentally, technically and economically feasible; and

3.The conditions for permit issuance are met.

(8) An applicant may propose an impact offset derived from the use of reclaimed water as part of a permit application.

(a)The portion of a surface water or groundwater allocation made available by an impact offset will be based on the beneficial water resource impact provided by the impact offset project. In evaluating the impact offset proposed and supported by analyses provided by the applicant, the District shall consider the degree to which the reclaimed water offsets harmful impacts otherwise caused by the withdrawal, including:

1.Saltwater intrusion;

2.Wetland or other surface water impacts;

3.Groundwater impacts;

4.Impacts to existing legal uses;

5.Harm to existing offsite land uses;

6.Other water resource impacts.

(b)If an applicant meets the conditions for permit issuance after consideration of the impact offset, the District shall incorporate the impact offset into the permit. The duration of an impact offset shall be limited to the duration of the consumptive use permit in which it is incorporated.

(c)For permits containing an impact offset, if a permittee proposes to decrease the amount of reclaimed water provided, change the location of the reclaimed water use, or change the location or amount of the surface water or groundwater withdrawal, the permittee shall apply for a permit modification for review by the District to determine the resource impacts associated with the change and determine if the conditions for permit issuance are met.

(d)When reviewing an application for renewal of a consumptive use permit containing an impact offset, the District shall renew the allocation based on the continuation of the impact offset, provided the conditions for permit issuance are met.

(e)Impact offsets shall not be granted for past actions or actions taken under existing permits unless the offsets are already authorized in a permit. This limitation shall not restrict the district’s consideration of the effect of past actions when considering the potential impacts of a permit application, or consideration of a permittee’s request to modify an existing permit to quantify the portion of the surface or groundwater allocation made and remaining available by an impact offset.

(9)              In areas where withdrawals are unable to meet the conditions for permit issuance due to resource limitations, an applicant may propose the use of a substitution credit derived from the use of reclaimed water as part of a permit application. Such resource-limited areas include, but are not limited to, areas where a District has adopted rules limiting withdrawals from a specified water resource within a geographic area, and areas where withdrawals are limited by an adopted minimum flow or level or the associated recovery or prevention strategy.

(a)The proposed withdrawal, after application of the substitution credit, must result in no net adverse impact on the limited water resource or create a net positive impact if required by District rule as part of a strategy to protect or recover a water resource.

(b)The amount of the substitution credit may be the same as, more than, or less than the permitted withdrawal to be terminated, and is dependent on the following factors:

1.The specific timing, location, and amount of the existing permitted withdrawal to be terminated;

2.The specific timing and location of the desired withdrawal by the applicant;

3.The particular hydrogeology of the area; and

4.Whether the District’s rule establishes a requirement for no net adverse impact or a net positive impact on the water resource.

(c)If an applicant meets the conditions for permit issuance after consideration of the substitution credit, the District shall incorporate the substitution credit into the permit. The duration of a substitution credit shall be limited to the duration of the consumptive use permit in which it is incorporated.

(d)The benefit of a substitution credit, or a portion thereof, shall accrue to the reuse utility providing the reclaimed water, or one or more entities designated by the reuse utility, provided the reuse utility or designated entity demonstrates a demand for the water and meets the conditions for permit issuance. If the reuse utility or designated entity cannot demonstrate a demand for all of the water made available by the substitution credit, any remaining water shall be available for allocation in accordance with District rules.

(e)For permits containing a substitution credit, if a permittee proposes to decrease the amount of reclaimed water provided, change the location of the reclaimed water use, or change the location or amount of the surface water or groundwater withdrawal, the permittee shall apply for a permit modification for review by the District to determine the resource impacts associated with the change and determine if the conditions for permit issuance are met.

(f)When reviewing an application for renewal of a consumptive use permit containing a substitution credit, the District shall renew the allocation based on the continuation of the substitution credit provided the conditions for permit issuance are met.

(g)Substitution credits shall not be granted for past actions or actions taken under existing permits, unless the credits are already authorized in a permit. This limitation shall not restrict the District’s consideration of the effect of past actions when considering the potential impacts of a permit application, or consideration of a permittee’s request to modify an existing permit to quantify the amount of any substitution credit remaining available.

(h)Substitution credits recognized in a consumptive use permit cannot be transferred to other users, except in the same manner as the permit itself and in compliance with applicable water management district rules.

 

Rulemaking Specific Authority 373.026(7), 373.043, 373.036(1)(d), 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.103, 373.171, 373.175, 373.1961, 373.223, 373.233, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.703, 403.064, 403.0891 FS. History-New 7-20-95, Amended 5-7-05, 5-7-06, __________.

 

62-40.473 Minimum Flows and Levels.

(1) through (4) No change.

(5)              At the time a minimum flow or level is adopted, if a water body is below, or projected within 20 years to go fall below, its proposed minimum flow or level, the District shall simultaneously approve consider simultaneously developing the recovery or prevention strategy required by section 373.0421(2), F.S. When adopted minimum flows or levels are later determined by the District to have fallen below, or projected within 20 years to fall below, the adopted minimum flow or level, the District shall expeditiously approve a recovery or prevention strategy. Revisions to adopted minimum flows and levels shall be adopted simultaneously with the approval of any required recovery or prevention strategy, unless the revised minimum flow and level is less constraining, in which case the District shall expeditiously approve any required recovery or prevention strategy. All approved recovery or prevention strategies shall be expeditiously implemented. The recovery or prevention strategy shall include phasing or a timetable which will allow for the provision of sufficient water supplies for all existing and projected reasonable-beneficial uses, including development of additional water supplies and implementation of conservation and other efficiency measures concurrent with, to the extent practical, and to offset, reductions in permitted withdrawals. In the development of a recovery or prevention strategy, the District shall consider the need for water resource or water supply development, additional regulatory measures, and implementation of additional water conservation measures.

(6)              A minimum flow or level recovery or prevention strategy shall include phasing or a timetable which will allow for the provision of sufficient water supplies for all existing and projected reasonable-beneficial uses, including development of additional water supplies and implementation of conservation and other efficiency measures concurrent with, to the extent practical, and to offset, reductions in permitted withdrawals. In the development of a recovery or prevention strategy, the District shall consider the need for water resource or water supply development, additional regulatory measures, and implementation of additional water conservation measures.

(7)              A minimum flow and level priority list and schedule, meeting the requirements of section 373.042(2), F.S. shall be submitted to the Department annually. At a minimum, the schedule shall include the minimum flows and levels planned for establishment in the next three years. The District shall identify any water bodies included on the list which may be affected by withdrawals occurring in other Districts.

(8)              In determining whether to conduct voluntary independent scientific peer review of all scientific or technical data, methodologies, and models, including all scientific and technical assumptions employed in each model, used to establish a minimum flow or level pursuant to section 373.042(4), F.S., the District shall consider:

(a)Whether or not the minimum flow or level is based on a previously peer-reviewed methodology;

(b)The level of complexity of the minimum flow and level;

(c)Whether or not the water body for which the minimum flow and level is being developed includes water resource characteristics that are substantially different than previously peer reviewed minimum flows or levels; and

(d)The degree of public concern regarding the minimum flow and level.

 

Rulemaking Specific Authority 373.026(7), 373.043, 403.036(1)(d), 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.086, 373.103, 373.171, 373.175, 373.1961, 373.223, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 373.703, 403.064, 403.0891 FS. History-New 5-5-81, Formerly 17-40.08, Amended 12-5-88, Formerly 17-40.080, 17-40.405, 17-40.473, Amended 7-20-95, 5-7-05, ___________.

 

62-40.474 Reservations.

(1) through (3) No change.

(4)The District shall conduct an independent scientific peer review of all scientific or technical data, methodologies, and models, including all scientific and technical assumptions employed in each model, used to establish a reservation if the District determines such a review is needed. As part of its determination of the necessity of conducting a peer review, the District shall consider whether a substantially affected person has requested such a review. In determining whether to conduct an independent scientific peer review the District shall consider:

(a)Whether or not the reservation is based on a previously peer-reviewed methodology;

(b)The level of complexity of the reservation;

(c)Whether or not the water body for which the reservation is being developed includes water resource characteristics that are substantially different than previously peer reviewed reservations; and

(d)The degree of public concern regarding the reservation.

(5)During the annual development and submittal of the minimum flow and level priority list, required by Section 373.042, F.S., the District shall identify any water bodies for which a reservation of water is proposed under Section 373.223(4), F.S., and whether the reservation is proposed for the protection of fish and wildlife or the public health and safety.

Rulemaking Specific Authority 373.026(7), 373.043, 373.036(1)(d), 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.046, 373.103, 373.106, 373.171, 373.175, 373.1961, 373.223, 373.246, 373.418, 373.451, 373.453, 373.703, 403.0891 FS. History–New 5-7-06, Amended ________.

 

62-40.510 Florida Water Plan.

(1)In cooperation with the water management districts, regional water supply authorities, and others, the Department shall develop the Florida Water Plan pursuant to Section 373.036, F.S. The Florida Water Plan shall include:

(a)The programs and activities of the Department related to water supply, water quality, flood protection and floodplain management, and natural systems;

(b)The water quality standards of the Department;

(c)The District Water Management Plans or District Strategic Plan;

(d)Performance measures; and

(e)This chapter.;

(f)Department overview, including a discussion of the interrelationships of Department and District programs;

(g)Water management goals and responsibilities, including the following areas of responsibilities:

1.Water supply protection and management,

2. Flood protection and management,

3. Water quality protection and management, and

4. Natural systems protection and management;

(h) Statewide water management implementation strategies for each area of responsibility;

(i) Intergovernmental coordination, including the Department’s processes for general supervision of the water management districts;

(j) Procedures for plan development, including public participation;

(k) Methods for assessing program effectiveness and the Department’s progress toward implementation of the Plan;

(l) Linkages to Department rulemaking, budgeting, program development, and legislative proposals; and

(m) Strategies to identify the amount and sources of supplemental funding to implement the programs identified in Chapter 373, F.S., District Water Management Plans, this chapter, and any delegated programs.

(2)              At a minimum, the Florida Water Plan shall be made available on the Department’s website and updated annually every five years after the initial plan development. Annual status reports on the Plan shall also be prepared by the Department.

Rulemaking Specific Authority 373.026(7), 373.036(1), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1), 373.0391, 373.0395, 373.042, 373.0421 373.046, 373.103, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 373.453, 373.703, 373.711, 403.0615(3), 403.064, 403.0891 FS. History–New 7-20-95, Amended 5-7-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet Llewellyn, Policy Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012