The overall purpose is to establish the minimum flow for Wakulla Spring and Sally Ward Spring to comply with Florida Statutes.

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-8.021Definitions

40A-8.041Minimum Flow for Wakulla and Sally Ward Spring System

PURPOSE AND EFFECT: The overall purpose is to establish the minimum flow for Wakulla Spring and Sally Ward Spring to comply with Florida Statutes.

SUMMARY: The rule development will cover amending a rule to include necessary definitions, and creating a rule setting the minimum flow for the Wakulla Spring and Sally Ward Spring.

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: Upon review of the proposed changes to the rule, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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, 373.103 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Megan Seward, Deputy Director, Division of Regulatory Services, Northwest Florida Water Management District, 152 Water Management Drive, Havana, FL 32333, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 40A-8

MINIMUM FLOWS AND MINIMUM WATER LEVELS

40A-8.021 Definitions

(1) through (5) No change.

(6) “Average Daily Flow” means the arithmetic average of all discharge data points during a calendar day.

(7) “Wakulla Spring” means the first magnitude spring located within Wakulla County on the Wakulla River at 84 degrees 18 minutes 10.3 seconds north latitude and 30 degrees 14 minutes 6.7 seconds west longitude.

(8) “Sally Ward Spring” means the second magnitude spring located within Wakulla County at 84 degrees 18 minutes 38.9 seconds north latitude and 30 degrees 14 minutes 29.0 seconds west longitude.

(9) “Wakulla Spring Daily Flow” means the Average Daily Flow at District Station 749, or its successor. This data is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12861 and upon request from the Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida, 32333.

(10) “Wakulla Spring Average Flow” means the average of the Wakulla Spring Daily Flow between October 23, 2004, and December 31, 2019.

(11) “Sally Ward Spring Average Flow” means the average of the manual flow measurements at District Station 774, or its successor, from October 23, 2004, through December 31, 2019. This data is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12862 and upon request from the Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida, 32333.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042 FS. History-New 6-12-2019, Amended

 

40A-8.041 Minimum Flow for Wakulla Spring and Sally Ward Spring

The Governing Board hereby establishes the following minimum flow. The Governing Board finds that the following minimum flow is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. The minimum flow for Wakulla Spring and Sally Ward Spring, combined and undivided, is 539 cubic feet per second and is calculated as the sum of the Wakulla Spring Average Flow and the Sally Ward Spring Average Flow. The minimum flow of 539 cubic feet per second represents an allowable flow reduction of 9.9%, or 59 cubic feet per second, from the baseline period value of 598 cubic feet per second. The baseline period is October 23, 2004, to December 31, 2019. The District will evaluate the minimum flow for Wakulla Spring and Sally Ward Spring every five years as part of the regional water supply planning process to determine the extent to which the sum of the Wakulla Spring Average Flow and the Sally Ward Spring Average Flow has been reduced due to withdrawals as of the date of each evaluation. Each evaluation will be completed using flows beginning on October 23, 2004, and include a review of:

(1) Flow data;

(2) Water withdrawals;

(3) Aquifer water levels; and

(4) Rainfall data.

Each evaluation is independent from and not a determination of water use permit compliance or environmental resource permit compliance. Permit compliance is a regulatory function that is not within the scope of this subsection.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History-New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Megan Seward, Deputy Director, Division of Regulatory Services

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 27, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2020