Purpose
The District is required by section 373.042(2)(a), F.S., to adopt a minimum flow or minimum water level (MFL) for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring (Outstanding Florida Springs) by July 1, 2017. To ensure that the District meets its statutory requirement to adopt MFLs for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring by July 1, 2017, to set limits on further withdrawals that would be significantly harmful to the water resource values (water resources or ecology of the area) of Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring, the District is adopting this emergency rule. The basis for this finding of an immediate danger to the public health, safety, or welfare also includes section 373.042(2)(c), F.S., which provides as follows:
The Legislature finds as provided in s. 373.801(3)(b) that the adoption of minimum flows and minimum water levels or recovery or prevention strategies for Outstanding Florida Springs requires immediate action. The department and the districts are authorized, and all conditions are deemed to be met, to use emergency rulemaking provisions pursuant to s. 120.54(4) to adopt minimum flows and minimum water levels pursuant to this subsection and to adopt recovery or prevention strategies concurrently with a minimum flow or minimum water level pursuant to s. 373.805(2). The emergency rules shall remain in effect during the pendency of procedures to adopt rules addressing the subject of the emergency rules.