DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.:RULE TITLE:
62-42.300Minimum Flows and Levels and Recovery and Prevention Strategies
NOTICE 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. 40, No. 46, March 7, 2014 issue of the Florida Administrative Register. The changes may be found in the incorporated materials referred to as Section 6.0 and entitled Supplemental Regulatory Measures. Specifically, the changes relate to regulatory requirements for consumptive use renewals and modifications with and without increases in allocation in paragraphs 5.c)ii. and 5.d)ii. and requires that renewing users be limited to a permit of five years, unless, at their election, they will offset or eliminate their existing impact to the MFL water bodies in accordance with an implementation schedule included in their permit. The Department also notices that pursuant to section 120.541, F.S., it has prepared an updated revised Statement of Estimated Regulatory Costs (SERC) associated with this Notice of Change for Rule 62-42.300, F.A.C. The latest version of the SERC is available to the public on the Department's website at http://www.dep.state.fl.us/water/waterpolicy/mflrulemaking.htm and upon request to Ms. Janet Llewellyn, Janet.Llewellyn@dep.state.fl.us, (850) 245-3139.
62-42.300 Minimum Flows and Levels and Recovery and Prevention Strategies.
The Department hereby establishes the following minimum flows and levels in accordance with Section 373.042, F.S.
(1) Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs: The minimum surface water flows for the Lower Santa Fe and Ichetucknee River and Associated Priority Springs are provided below:
(a) through (c) No change.
(d) Pursuant to section 373.0421, F.S., the Department hereby adopts and incorporates by reference Section 6.0, entitled Supplemental Regulatory Measures, effective date ________. Copies of Section 6.0 entitled Supplemental Regulatory Measures are available at https://www.flrules.org/Gateway/reference.asp?No=Ref-04101 https://www.flrules.org/Gateway/reference.asp?No=Ref-03947 or on the Department’s website at http://www.dep.state.fl.us/water/waterpolicy/pubs.htm. The Minimum Flows and Levels adopted in paragraphs 62-42.300(1)(a) through (c), F.A.C., above, and the Section 6.0 Supplemental Regulatory Measures adopted herein are inseverable, shall be construed as a whole, and are adopted simultaneously pursuant to subsection 62-40.473(5), F.A.C.
(e) No change.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 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 Florida. History–New_________.
