DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-40.410Water Supply Protection and Management
62-40.412Water Conservation
62-40.473Minimum Flows and Levels
62-40.474ReservationsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 99, December 28, 2012 issue of the Florida Administrative Register.
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 (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 be construed to alter the water conservation requirements of the permit for the duration of the permit 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 Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.036, 373.171, 373.219, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.042, 373.0421, 373.103, 373.171, 373.175, 373.219, 373.223, 373.233, 373.236, 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) through (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 allocation 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 Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.036(1)(d), 373.171, 373.219, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.103, 373.145, 373.171, 373.175, 373.219, 373.223, 373.227, 373.236, 373.246, 373.250, 373.418, 373.621, 373.703, 373.711, 403.064, 403.0891 FS., History - New 7-20-95, Amended 1-7-97, 5-7-05,_________.
62-40.473 Minimum Flows and Levels.
(1) through (4) No change.
(5)After the effective date of this rule, recovery and prevention strategies shall be developed as follows:
(a) At the time the minimum flow or level is initially adopted, if the water body is below or is projected to fall within 20 years below, the initial minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S.
(b) After the initial adoption, when a minimum flow or level is revised, if the water body is below or is projected to fall within 20 years below, the revised minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S. or modify an existing recovery or prevention strategy. The District may adopt the revised minimum flow and level prior to the approval of the recovery or prevention strategy if the revised minimum flow and level is less constraining on existing or projected future consumptive uses.
(c) For water bodies without a prevention or recovery strategy, when the District determines the water body has fallen below, or is projected to fall within 20 years below, the adopted minimum flow or level, the District shall expeditiously approve a recovery or prevention strategy.
At the time a minimum flow or level is adopted, if a water body is below, or projected within 20 years to fall below, its proposed minimum flow or level, the District shall simultaneously approve 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.
(6) No change.
(7) All approved applicable recovery or prevention strategies shall be expeditiously implemented.
(8) 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.
(9)(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 priority list shall also identify whether or not voluntary scientific peer review will be undertaken for those water bodies and the basis for the decision. The District shall identify any water bodies included on the list which may be affected by withdrawals occurring in other Districts.
(8) renumbered (10) No change.
Rulemaking Authority 373.026(7), 373.043, 403.036, 373.171 FS. Law Implemented 373.023, 373.026, 373.036, 373.042, 373.0421, 373.086, 373.103, 373.171, 373.175, 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. In determining whether to conduct an independent scientific peer review the District should include consideration of shall consider:
(a) through (d) No change.
(5)No change.
Rulemaking Authority 373.026(7), 373.043, 373.036, 373.171 FS. Law Implemented 373.023, 373.026, 373.036, 373.042, 373.046, 373.103, 373.106, 373.171, 373.175, 373.223, 373.246, 373.418, 373.451, 373.453, 373.703, 403.0891 FS. History–New 5-7-06, Amended________.
