40D-8.011. Policy and Purpose

(1) The purpose of Chapter 40D-8, F.A.C., is to establish Minimum Flows and Levels at specific locations throughout the District pursuant to Sections 373.042 and 373.0421, F.S., to describe Guidance Levels for lakes, and to describe how the Minimum Flows and Levels will be used by the District. Minimum Flows and Levels are intended to prevent significant harm to the water resources or ecology of the area as provided in Section 373.042, F.S. In those areas where the Long-term flow or water level is below the Minimum Flow or Level the District will implement a recovery strategy which will be contained within the District’s Water Management Plan and, if required by law, portions or all shall be adopted by rule.

(2) Where appropriate, Minimum Flows and Levels may reflect seasonal variations and may include a schedule of variations and other measures appropriate for the protection of non-consumptive uses and the water resources.

(3) A further purpose of Chapter 40D-8, F.A.C., is to establish Guidance Levels for surface waters which are anticipated to occur on a somewhat regular basis, and which shall serve as a precautionary warning to all persons who would propose to construct facilities which may be damaged by periodic high or low water levels.

(4) Minimum Flows and Levels prescribed in Chapter 40D-8, F.A.C., are used in water resource planning, as one of the criteria in evaluating applications for water use permits under Chapter 40D-2, F.A.C., and, in the design, construction and management of surface water management systems as specified in subsection 40D-8.031(3), F.A.C. The existence of a Minimum Flow or Level for a water body, where that water body is proposed to be impacted by an activity that requires a permit under Chapter 40D-2, Consumptive Use Permitting, or 40D-4, F.A.C., Environmental Resource Permits, does not override the applicability of all other permitting criteria nor alter the manner in which the District evaluates compliance with permitting criteria, except to the extent that the MFL criteria is supplemental to all other criteria.

(5) The Minimum Flows and Levels established in this Chapter 40D-8, F.A.C., are based on the best information available at the time the Flow or Level was established. The best available information in any particular case will vary in type, scope, duration, quantity and quality and may be less than optimally desired. In addition, in many instances the establishment of a Minimum Flow or Level requires development of methodologies that previously did not exist and so are applied for the first time in establishing the Minimum Flow or Level. The District has many ongoing environmental monitoring and data collection and analysis programs, and will develop additional programs over time. The District intends to coordinate with local governments, Tampa Bay Water, government-owned and privately-owned utilities, environmental regulation agencies, Tampa Bay Estuary Program, public interest groups and other affected and interested parties to design, create, and implement the program. Together with all the parties’ designated experts, a long-term independent scientific peer review shall be included in the programs. These programs will supplement the District’s available information upon which Minimum Flows and Levels can be established and reviewed. These programs collectively provide information to assist in 1) characterizing water regimes in wetland systems, and the relationships between and among surficial features, the surficial aquifer, and the Floridan aquifer; and 2) evaluating the measures available to prevent significant harm to the water resources and ecology, in addition to withdrawal management, and the effectiveness of those measures. Therefore, to apprise the Governing Board of advancements made under those programs, the District shall annually update the Governing Board regarding:

(a) The status of the water levels for those water bodies for which Minimum Flows or Levels have been established; and

(b) Any additional information or methodologies, as appropriate, that could be applied to:

1. Assess established Minimum Flows or Levels; or

2. Establish Minimum Flows or Levels for additional water bodies; or

3. Determine compliance with Minimum Flows or Levels.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0395, 373.042, 373.0421, 373.216, 373.219, 373.223, 373.413, 373.414, 373.416 FS. History–New 6‑7-78, Amended 1-22-79, Formerly 16J-8.01, Amended 8-7-00.