Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration Projects (CERP) in order to ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-2.091:Publications Incorporated by Reference

PURPOSE AND EFFECT: Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with implementation of Comprehensive Everglades Restoration Projects (CERP) in order to receive federal cost share to construct the Projects. The District proposes to establish a water reservation for natural system water associated with the CERP Biscayne Bay Coastal Wetlands (Phase I) Project. The purpose of this water reservation is to identify and reserve water from consumptive use for this CERP Project and to ensure that water is available to provide reasonable assurances that their proposed use of water will not withdraw water reserved for the natural system.

SUMMARY: The proposed rule establishes criteria for direct and indirect withdrawals in the Nearshore Central Biscayne Bay reservation area as depicted in Rule 40E-10.061, F.A.C.

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 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: Based on the SERC, the adverse impacts of the proposed rules do not exceed the criteria established 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, 373.118, 373.171 FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 13, 2013, 9:00 a.m.

PLACE: Village of Key Biscayne, Council Chamber, 560 Crandon Boulevard, Key Biscayne, Florida 33149

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: South Florida Water Management District Clerk, [phone], ext. 2087 or [phone]. 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: Don Medellin, Principal Scientist, South Florida Water Management District, 3228 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 6340 or [phone], email: [e-mail] or Beth Lewis, Senior Specialist Attorney, South Florida Water Management District, 3228 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 6343 or [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-2.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ______________________ October 23, 2012,” http://www.flrules.org/Gateway/reference.asp?No=Ref-01630, is incorporated by reference herein, and requires the use of the following forms, which are also incorporated by reference herein:

(1) through (6) No Change.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District” and forms incorporated therein are available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436 or [phone].

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, ______.

 

Excerpt from the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – October 23, 2012”:

3.11.1 Picayune Strand and Fakahatchee Estuary

No Change to Figure 3-6

A. No Change.

B. Model Impact Evaluation. If required by Section A, the applicant shall demonstrate water reserved for the Picayune Strand and Fakahatchee Estuary will not be withdrawn by conducting the following Model Impact Evaluation. A pre-application meeting between the Applicant and District staff is strongly recommended to be conducted prior to initiating model development.

1.Defining Scope of Model Evaluation

(a) For groundwater withdrawals, identify the cone of influence of the proposed withdrawal per Section 1.7.5.2.A. Based on this analysis, the Applicant shall identify which reservation inflow locations (set forth in Figures 1-2 and 1-3 2 in Chapter Rule 40E-10.021, F.A.C.) and conveyance system(s) identified on Figure 3-6 are potentially influenced by the proposed withdrawal.

(b) For surface water withdrawals, identify the reservation inflow locations, reservation water body (set forth in Figures 1-2 and 1-3 2 in Chapter Rule 40E-10.021, F.A.C.), and conveyance system(s) identified on Figure 3-6 that are potentially influenced by the proposed withdrawal.

2. through 5. No Change.

3.11.4 Nearshore Central Biscayne Bay

A permit applicant shall provide reasonable assurances that the proposed use will not withdraw water reserved under subsection 40E-10.061(1), F.A.C. Compliance with the following criteria constitutes reasonable assurances that water reserved in Rule 40E-10.061, F.A.C., will not be withdrawn. Water not reserved under Rule 40E-10.061, F.A.C., shall be allocated pursuant to Subsection A.

For this section, the following definitions apply:

Direct withdrawal: Withdrawal of surface water from facility intakes physically located within the surface water column of Nearshore Central Biscayne Bay as depicted on Figure 3-1 in Chapter 40E-10, F.A.C. No direct withdrawals shall be authorized pursuant to this rule.

Indirect withdrawal: Withdrawal of surface water from facility intakes physically located within the surface water column of any canal reach identified in Figure 3-1 in Chapter 40E-10, F.A.C.

A.The following uses do not withdraw reserved water:

1.Withdrawals of groundwater.

2.Withdrawals authorized by Rules 40E- 2.061 (No Notice General Permit by Rule) and 40E-20.302(2) and (3), F.A.C. (Dewatering General Water Use Permit and No- Notice Short Term Dewatering General Water Use Permit)

3.Renewals of indirect withdrawals authorized by a permit existing on [RULE ADOPTION DATE].

4.A permit modification involving an indirect withdrawal authorized by a permit existing on [RULE ADOPTION DATE] that does not change the source, increase the allocation or change withdrawal locations, such as replacement of existing surface water pumps or intakes, crop changes that do not change the allocation or timing of use, or decrease in allocation.

5.A new indirect withdrawal with no greater allocation and impact, including changes in timing, than a terminated or reduced permit that was existing on [RULE ADOPTION DATE] and occurs upstream of the same coastal structure.

6.Indirect withdrawals which do not withdraw reserved water as defined in Rule 40E-10.061 F.A.C.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Don Medellin, Scientist Principal

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2012