Purpose


In January 2010, farmers in the Dover/Plant City area pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet and caused more than 750 temporarily dry wells for neighboring homeowners. Pumping groundwater for freeze protection is a best management practice for strawberry, citrus, and other industries and is authorized by water use permits. However, the farmers were responsible for fixing hundreds of the dry wells. Amendments to Chapter 40D-8, F.A.C., are being made as part of a rulemaking package, which will also include amendments to Chapters 40D-1, 40D-2, and 40D-80, F.A.C., to prevent a similar situation. Effective and complete implementation of the current phase of the management strategy for the Dover/Plant City area frost/freeze crop protection pumping is dependent on each of the proposed amendments to Chapters 40D-1, 40D-2, 40D-8 and 40D-80, F.A.C. Particularly, amendments to Chapter 40D-8 will establish a Minimum Aquifer Level and Minimum Aquifer Level Protection Zone providing a minimum aquifer elevation for the Dover/Plant city area to prevent significant harm from frost/freeze pumpage. The Minimum Aquifer Level is established as part of a comprehensive management program intended to arrest water level declines during frost/freeze events to minimize the potential for impacts to existing legal uses and sinkhole occurrence. The aquifer level at District well DV-1 Suwannee is affected by local and regional groundwater withdrawals. In order to address the effects of local and regional groundwater withdrawals and the variable hydrogeologic factors within the region, a Minimum Aquifer Level Protection Zone is established under proposed Chapter 40D-8. In establishing the Minimum Aquifer Level, the District has determined that the actual water level is below the Minimum Aquifer Level when certain pumping and climatic conditions occur. Therefore, this rulemaking package also proposes a Minimum Aquifer Recovery Strategy under proposed amendments to Chapter 40D-80, F.A.C. Also, this rulemaking package contains amendments to Chapter 40D-2, F.A.C., which sets forth the regulatory portion of the rulemaking package. Additionally, the amendments to Chapters 40D-1 and 40D-2, F.A.C., will incorporate revised and new District water use permit application forms to implement the provisions of the proposed companion amendments to Chapters 40D-2, 40D-8 and 40D-80, F.A.C., to be used in the proposed Dover/Plant City Water Use Caution Area (DPCWUCA).