MINIMUM
FLOWS AND LEVELS
Part I: General
40E-8.011 Purpose and General Provisions
40E-8.021 Definitions
Part II: MFL Criteria for Lower
East Coast Regional Planning Area
40E-8.221 Minimum Flows and Levels: Surface
Waters
40E-8.231 Minimum Levels: Aquifers
Part III: MFL Criteria for
Lower West Coast Regional Planning Area
40E-8.321 Minimum Flows and Levels: Surface
Waters
40E-8.331 Minimum Levels: Aquifers
Part IV: Implementation
40E-8.421 Prevention and Recovery Strategies
40E-8.431 Consumptive Use Permitting
40E-8.441 Water Shortage Plan Implementation
PART
I: GENERAL
40E-8.011 Purpose and General
Provisions.
(1) The purpose of this Chapter is:
(a) To
establish minimum flows for specific surface watercourses and minimum water
levels for specific surface waters and specific aquifers within the South
Florida Water Management District, pursuant to Section 373.042, F.S.; and;
(b) To establish
the rule framework for implementation of recovery and prevention strategies,
developed pursuant to Section 373.0421, F.S.
(2) Minimum flows are established to identify where further
withdrawals would cause significant harm to the water resources, or to the
ecology of the area. Minimum levels are
established to identify where further withdrawals would cause significant harm
to the water resources of the area.
Specific minimum flows and levels (MFLs) are established in this rule
for specified priority water bodies that have been designated pursuant to
Section 373.042(2) F.S.
(3) The MFL's established herein are based on existing best
available information, and will be periodically reviewed, at least every five years,
based on new information and changing water resource conditions. Revisions to established MFLs will be peer
reviewed as required by Section 373.042, F.S., prior to rule adoption. The minimum flow criteria for the
Caloosahatchee River in Rule 40E-8.221(2), F.A.C., shall be reviewed within one
year of the effective date of this rule (September 10, 2001) and amended, as
necessary, based on best available information.
(4) The recovery and prevention strategies
set forth in Rule 40E-8.421, F.A.C., the
consumptive use permitting procedures described in Paragraph Rules
40E-2.301(1)(i), Rule 40E-8.431, F.A.C., and Section 3.9 of the “Basis of
Review for Water Use Permit Applications within the South Florida Water
Management District – September 2001,” and the water shortage plan
implementation provisions specified in Rules 40E-8.441, 40E-21.531, and
40E-21.541, and Part III of Chapter 40E-22, F.A.C., are inseparable components
of the minimum flows and levels established in Rules 40E-8.321 and 40E-8.331, F.A.C. The District would not have
adopted the minimum flows and levels set forth in Rules 40E-8.321 and
40E-8.331, F.A.C. for Lake Okeechobee, the Everglades, the Biscayne Aquifer,
the Lower West Coast Aquifers, and the Caloosahatchee River without simultaneously
adopting their related implementation rules. If the rules cited above, as they pertain to a specified MFL water body, are found to be invalid, in whole or
in part, such specified minimum flow(s) or level(s) in Rule 40E-8.321 or
40E-8.331, F.A.C., (including Lake Okeechobee, Everglades, Biscayne Aquifer,
Lower West Coast Aquifers, Caloosahatchee River) shall not be adopted, or if
already in effect, shall not continue to be applied, until the District amends the applicable regional water supply plan(s), as
necessary, and amends the subject rules, as necessary to address the
reason for invalidity consistent with the requirements of Section 373.0421,
F.S. This section shall be triggered
after a rule is found to be invalid pursuant to a final order issued under
Section 120.56, F.S., and after appellate review remedies have been exhausted.
Specific
Authority 373.044, 373.113, 373.171 FS.
Law
Implemented 373.016, 373.036, 373.0361, 373.042, 373.0421 FS.
History
- New 9-10-01.
40E-8.021 Definitions.
The
terms set forth herein shall have the meanings ascribed to them, unless the
context clearly indicates otherwise, and such meanings shall apply throughout
the rules contained in this Chapter. The terms defined in Rule 40E-8.021,
F.A.C., shall apply throughout the District’s consumptive use permit rules. In
the event of a conflict or difference between the definitions contained in Rule
40E-8.021, F.A.C., and the definitions set forth in other District rules, the
definitions in this Rule 40E-8.021, F.A.C., shall control for purposes of this
chapter.
(1) Biscayne Aquifer – means the highly
permeable surficial strata (hydraulic conductivities generally greater than 500
ft/day) that occur within Monroe, Miami-Dade (excluding those portions of
coastal Monroe and Miami-Dade counties that discharge groundwater into Florida
and Biscayne Bays), eastern Broward, and portions of eastern Palm Beach
counties.
(2) Caloosahatchee River – means the surface
waters that flow through the S-79
structure, combined with tributary contributions below S-79 that collectively
flow southwest to San Carlos Bay.
(3) C&SF Project – means the project for Central and Southern
Florida authorized under the heading 'CENTRAL AND SOUTHERN FLORIDA' in section
203 of the Flood Control Act of 1948 (Chapter 771).
(4) CERP – means the Comprehensive Everglades
Restoration Plan contained in the 'Final Integrated Feasibility Report and
Programmatic Environmental Impact Statement', dated April 1, 1999, as modified
by the Water Resources Development Act of 2000.
(5) Certification or
Certify – means the formal determination by the District, through a validation
process consistent with state and federal law, of the total amount of water
made available by a project or project phase of a recovery or prevention strategy,
as appropriate, for natural systems and other uses.
(6) Direct
Withdrawal means:
(a) A ground water withdrawal that causes a water table
drawdown greater than 0.1 feet, as determined using a model accepted by the
District, at any location beneath the MFL surface water body or aquifer, up through a 1 in 10 year drought; or
(b) A surface water withdrawal from facilities physically
located within the boundaries of a MFL surface water body.
(7) Everglades
– means the lands and waters included within Water Conservation Areas, the
Holeyland/Rotenberger wildlife management areas, and the freshwater portions of
the Everglades National Park.
(8) Harm –
means the temporary loss of water resource functions, as defined for
consumptive use permitting in Chapter 40E-2, F.A.C., that results from a change
in surface or ground water hydrology and takes a period of one to two years of
average rainfall conditions to recover.
(9) Indirect
Withdrawal – means the withdrawal of water from a water source for a consumptive
use that receives surface water or ground water from a MFL water body or is
tributary to a MFL water body.
(10) Lake
Okeechobee – means the lands and waters contained within the perimeter of the
Hoover Dike.
(11) LEC Plan
– means the Lower East Coast Regional Water Supply Plan – May 2000, including
all three volumes.
(12) Lower
West Coast Aquifers – means the lower Tamiami aquifer, sandstone aquifer and
the mid-Hawthorn aquifer that occur within Charlotte, Hendry, Glades, Lee and
Collier counties.
(13) LWC Plan
– means the Lower West Coast Regional Water Supply Plan – April 2000, including
all three volumes.
(14) Minimum
Flow – means a flow established by the District pursuant to Sections 373.042
and 373.0421, F.S., for a given water body and set forth in Parts II and III of
this chapter, at which further withdrawals would be significantly harmful to
the water resources or ecology of the area.
(15) Minimum Flow and
Level Exceedance – means to fall below a minimum flow or level, which is
established
in Parts II and III of this chapter, for a
duration greater than specified for the MFL water body.
(16) Minimum Flow and
Level Violation – means to fall below a minimum flow or minimum level, which is
established in Parts II and III of this chapter, for a duration and frequency greater
than specified for the MFL water body.
Unless otherwise specified herein, in determining the frequency with
which water flows and levels fall below an established MFL for purposes of
determining a MFL violation , a "year" means 365 days from the last day of the
previous MFL exceedance.
(17) Minimum
Level – means the level of groundwater in an aquifer or the level of surface
water established by the District pursuant to Sections 373.042 and 373.0421, F.S.,
in Parts II and III of this chapter, at which further withdrawals would be
significantly harmful to the water resources of the area.
(18) MFL
Water Body – means any surface water, watercourse, or aquifer for which an MFL is
established in Part II or III of this chapter.
(19) Operations
– means activities taken by the District for the movement of surface water
through works of the District pursuant to Chapter 373, F.S.
(20) Prevention
Strategy(ies) – means the structural and non-structural actions approved by the
District in regional water supply plans, pursuant to Section 373.0421, F.S., or
by rule, for areas where MFLs are currently not violated, but are projected to
be violated within twenty (20) years of the establishment of the minimum flow
or level, if said prevention strategies are not implemented.
(21) Recovery
Strategy(ies) – means the structural and non-structural actions approved by the
District in regional water supply plans, pursuant to Section 373.0421, F.S., or
by rule, for areas where MFLs are currently violated.
(22) Regional
Water Supply Plan – means a plan approved by the District pursuant to Section
373.0361, F.S.
(23) Serious
Harm – means the long-term loss of water resource functions, as addressed in Chapters 40E-21 and 40E-22, F.A.C.,
resulting from a change in surface or ground water hydrology.
(24) Significant
Harm – means the temporary loss of water resource functions, which result from a change in surface or ground
water hydrology, that takes more than two years to recover, but which is
considered less severe than serious harm.
The specific water resource functions addressed by a MFL and the
duration of the recovery period associated with significant harm are defined
for each priority water body based on the MFL technical support document.
Specific Authority 373.044, 373.113, 373.171 FS.
Law
Implemented 373.016, 373.036, 373.0361, 373.042, 373.0421 FS.
History
– New 9-10-01.
PART II: MFL
CRITERIA LOWER EAST COAST REGIONAL PLANNING AREA
40E-8.221: Minimum Flows and
Levels Surface Waters.
The
MFLs contained in this Part identify the point at which further withdrawals
would cause significant harm to the water resources, or ecology, of the area as
applicable, pursuant to Sections 373.042 and 373.0421, F.S. It is the District’s intent to correct or
prevent the violation of these MFLs through
management of the water resources.
(1) Lake Okeechobee. An MFL violation occurs in Lake Okeechobee
when an exceedance, as defined herein, occurs more than once every six
years. An “exceedance” is a decline
below 11 feet NGVD for more than 80, non-consecutive or consecutive, days,
during an eighteen month period. The
eighteen month period shall be initiated following the first day Lake
Okeechobee falls below 11 feet NGVD, and shall not include more than one wet
season, defined as May 31st through October 31st of any
given calendar year.
(2) Caloosahatchee River. A minimum mean monthly flow of 300 CFS is
necessary to maintain sufficient salinities at S-79 in order to prevent a MFL
exceedance. A MFL exceedance occurs during a 365 day period, when:
(a) a 30-day average salinity
concentration exceeds 10 parts per thousand at the Ft. Myers salinity
station (measured at 20% of the total
river depth from the water surface at a location of latitude 263907.260,
longitude 815209.296; or (b) a single, daily average salinity exceeds a
concentration of 20 parts per thousand at the Ft. Myers salinity station. Exceedance of either subsection (a) or
subsection (b), for two consecutive years is a violation of the MFL.
(3) Everglades.
(a) Criteria for Peat-Forming Wetlands. Water levels within wetlands overlying
organic peat soils within the water conservation areas, Rotenberger and
Holeyland wildlife management areas, and Shark River Slough (Everglades
National Park) shall not fall 1.0 feet or more below ground surface, as
measured at a key gage, for one or more days during a period in which the water
level has remained below ground for a minimum of 30 days, at specific return
frequencies as specified in Table 1, below.
(b) Criteria for Marl-Forming Wetlands.
Water levels within marl-forming wetlands that are located east and west
of Shark River Slough, the Rocky Glades, and Taylor Slough within Everglades
National Park, shall not fall 1.5 feet below ground surface, as measured at a key gage,
for one or more days during a period in which the water level has remained
below ground for a minimum of 90 days, at specific return frequencies for
different areas, as identified in Table 1, below.
The MFL criteria listed in Table 1 are
based on existing changes and structural alterations to the pre-drainage
conditions of the Everglades. It is
the District’s intent through implementation of the LEC Plan and the CERP to
achieve minimum
hydropattern return frequencies that approximate CERP compatible pre-drainage
conditions in the Everglades. As a
result, as the existing structural changes and alterations are corrected, the
MFL criteria contained herein will be modified through a rule amendment
consistent with the LEC Plan and the CERP.
Specific
Authority 373.044, 373.113, 373.171 FS.
Law
Implemented 373.016, 373.036, 373.0361, 373.042, 373.0421 FS.
History
– New 9-10-01.
Table 1. Minimum water levels, duration and return
frequencies for key
water management gages located
within the Everglades (1,2, 3)
Area
|
Key
Gage |
Soil
Type & MFL Criteria |
Return Frequency
(years) (3)-(4) |
|
WCA-1 |
1-7 |
Peat(1)
|
1 in 4 |
|
WCA-2A |
2A-17 |
Peat |
1 in 4 |
|
WCA-2B |
2B-21 |
Peat |
1 in 3 |
|
WCA-3A
North |
3A-NE |
Peat |
1 in 2 |
|
WCA-3A
North |
3A-NW |
Peat |
1 in 4 |
|
WCA-3A
North |
3A-2 |
Peat |
1 in 4 |
|
WCA-3A
North |
3A-3 |
Peat |
1 in 3 |
|
WCA-3A
central |
3A-4 |
Peat |
1 in 4 |
|
WCA-3A
South |
3A-28 |
Peat |
1 in 4 |
|
WCA-3B |
3B-SE |
Peat |
1 in 7 |
|
Rotenberger
WMA |
Rotts |
Peat |
1 in 2 |
|
Holeyland
WMA |
HoleyG |
Peat |
1 in 3 |
|
NE Shark Slough |
NESRS-2 |
Peat |
1
in 10 |
|
Central Shark
Slough |
NP-33 |
Peat |
1
in 10 |
|
Central Shark
Slough |
NP
36 |
Peat |
1
in 7 |
|
Marl wetlands east
of Shark Slough |
NP-38 |
Marl
(2) |
1
in 3 |
|
Marl wetlands west
of Shark Slough |
NP-201 |
Marl |
1
in 5 |
|
Rockland marl marsh |
G-1502 |
Marl |
1
in 2 |
|
Taylor Slough |
NP-67 |
Marl |
1
in 2 |
(1) = MFL Criteria for
Peat-forming wetlands: Water levels
within wetlands overlying organic peat soils within the water conservation
areas, Rotenberger and Holeyland wildlife management areas, and Shark River
Slough (Everglades National Park) shall not fall 1.0 feet or more below ground
surface, as measured at a key gage, for one or more days during a period in
which the water level has remained below ground for at least 30 days, at
specific return frequencies shown above.
(2) = MFL Criteria for Marl-forming
wetlands: Water levels within
marl-forming wetlands that are located east and west of Shark River Slough, the
Rocky Glades, and Taylor Slough within the Everglades National Park, shall not
fall 1.5 ft. below ground surface, as measured at a key gage, for one or more
days during a period in which the water level has remained below ground for at
least 90 days, at specific return frequencies for different areas, as shown
above.
(3) = Return
frequencies were developed using
version 3.7 of the South Florida Water Management Model (SFWMM) and are the
same as those stated on page 168, Table 44 of the adopted LEC Regional Water
Supply Plan ( May 2000).
(4) = MFL depth, duration and
return frequencies are based on historic rainfall conditions for the 31 year period of record from 1965 to 1995.
40E-8.231 Minimum Levels: Aquifers.
Biscayne
Aquifer - The minimum level for the Biscayne aquifer is the level that results
in movement of the saltwater interface landward to the extent that ground water
quality at an established withdrawal point is insufficient to serve as a water
supply source. A MFL violation occurs
when water levels within the aquifer produce this degree of saltwater movement
at any point in time.
Specific Authority 373.044, 373.113, 373.171 F.S.
Law Implemented 373.016,
373.036, 373.0361, 373.042, 373.0421, F.S.
History - New 9-10-01.
PART III: MFL
CRITERIA FOR LOWER WEST COAST REGIONAL PLANNING AREA
40E-8.301 Minimum Flows and
Levels: Surface Waters.
The
MFLs contained in this Part identify the point at which further withdrawals
would cause significant harm to the water resources,
or ecology, of the area, as applicable, pursuant to Sections 373.042 and
373.0421, F.S. It is the District's intent
to correct or prevent the violation of these criteria through management of the
water resources.
Specific
Authority 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS.
Law
Implemented 373.016, 373.036, 373.0361, 373.042, 373.0421, 373.175, 373.216,
373.219, 373.223, 373.246 FS.
History
- New 9-10-01.
40E-8.331 Minimum Levels:
Aquifers.
The
minimum levels for the lower Tamiami aquifer, the Sandstone aquifer and the
mid-Hawthorn aquifer shall equal the structural top of the aquifer. A violation of this criteria occurs when the
water levels drop below the top of the uppermost geologic
strata that comprises the aquifer, at any point in time. Water level measurements that are made to
monitor the conditions of the aquifers for the purpose of this rule, shall be
located no closer than 50 feet from any existing pumping well.
Specific
Authority 373.044, 373.113, 373.171 FS.
Law
Implemented 373.016, 373.036, 373.0361, 373.042, 373.0421 FS.
History
- New 9-10-01.
PART
IV: IMPLEMENTATION
40E-8.421 Prevention and
Recovery Strategies.
(1) At the time of adoption of this rule, the
existing flow or level for certain specified water bodies is below, or within
20 years is projected to fall below, the applicable MFL. For this reason,
Section 373.0361, F.S., requires regional water supply plans to contain
recovery and prevention strategies, including water resource development and
water supply development projects that are needed to achieve compliance with
MFLs during the planning period. The implementation of such projects will allow
for the orderly replacement or
enhancement of existing water sources with alternative supplies in order to
provide sufficient water for all existing and projected reasonable-beneficial
uses, consistent with Section 373.0421, F.S.
(a) MFLs and recovery and prevention
strategies will be implemented in phases with consideration of the District's
missions in managing water resources, including water supply, flood protection,
environmental enhancement and water quality protection, as required by Section
373.016, F.S.
(b) MFLs are implemented to prevent
significant harm to the water resources and,
where applicable, the ecology of the area due to further withdrawals (Sections 373.042
and 373.0421, F.S.). A consumptive use permitting program is implemented to
prevent harm to the water resource (Section 373.219, F.S.). A water shortage program is implemented to
prevent serious harm to the water resource (Sections 373.175 and 373.246,
F.S.). Additionally, the protection of water resources will, in part, be
achieved through the reservation of water for fish and wildlife or public
health and safety (Section 373.223(4),
F.S.). The conceptual model identifying
the relationships between these water resource protection requirements is set
forth in Figure I in this Part.
(c) The rules implementing water resource
protection tools, including Chapters 40E-2, 40E-8, 40E-20, 40E-21, and 40E-22,
F.A.C., identify the specific factors and conditions that will be applied and
considered in implementing the conceptual model. Due to the extreme variations in water resource conditions,
climatic conditions, hydrologic conditions, and economic considerations that
will be faced when implementing these rules, it is critical to apply such
criteria flexibly and to reserve for the governing board the ability to
implement water resource protection and allocation programs considering all of
the District's missions under Chapter 373, F.S., and to balance water supply,
flood protection, resource protection and water quality protection needs. Implementation of the recovery and
prevention strategies will be achieved in compliance with the assurances to
consumptive users and to natural systems contained in the LEC Plan and the LWC
Plan.
(d) The phasing and timetables for
implementation of structural components in recovery and prevention strategies
contained in approved regional water supply plans are found to meet the
requirements in Section 373.0421(2), F.S., for the expeditious and practicable
recovery of the MFLs.
(e) Upon completion of each project or project phase of a recovery or prevention
plan the District will certify the availability of
water, as defined in Subsection Rule 40E-8.021(5), F.A.C.
(f) In order to ensure that the actual and
projected performance of prevention and
recovery strategies approved in the regional waters supply plans is sufficient
to meet water resource needs, including MFLs, and the existing and projected
reasonable-beneficial uses, the
District will update recovery and prevention
strategies on a periodic basis, based on new information and system
performance. The performance of the
recovery and prevention strategies in comparison to the performance projected
in the regional water supply plans, will be assessed by the District for each
recovery or prevention strategy phase.
Based on the actual performance and new information obtained regarding
the water resources, the District will review and revise, if necessary,
recovery and prevention strategies through the regional water supply plan
update process every five years, or sooner, as required by Section 373.0361,
F.S. At that time, the governing board
will determine if rule modifications to the MFL or recovery and prevention strategies
are necessary to continue to meet the requirements of Sections 373.042 and
373.0421, F.S.
Figure
1: Conceptual Relationship Among the Harm, Serious Harm and Significant Harm
Standards
(2) The Everglades and the Caloosahatchee River
(a) As the effective
date of this rule, the Everglades and
Caloosahatchee River have experienced MFL violations. As a result, the LEC Plan and the LWC Plan contain approved recovery
strategies, pursuant to Section 373.0421, F.S.
Included
in these recovery and prevention strategies is the CERP.
b) MFLs
for many areas within the Everglades and the Caloosahatchee River, served by
the C&SF Project, will not be achieved immediately upon adoption of this
rule largely because of the lack of adequate regional storage or ineffective
water drainage and distribution infrastructure. Although not all locations within the Everglades are currently in
violation of the proposed MFL, the Everglades, as a whole, is subject to a
recovery strategy. The LEC Plan
identifies the structural and non-structural remedies necessary for the
recovery of MFL water bodies. These
structural and non-structural remedies are also intended to restore the
Everglades and the Caloosahatchee River above the MFLs, through Chapter 373, F.S. authorities of the District. The projected long-term restoration of flows
and levels in the Everglades resulting from implementation of the LEC Plan and
the CERP is documented in the LEC Plan, and are intended to more closely
approximate "pre-drainage" conditions. The planned components include
implementing consumptive use and water shortage programs, removing conveyance limitations, implementing revised
C&SF Project operational programs, storing additional freshwater, reserving
water for the protection of fish and
wildlife, and developing alternative sources for water supply. These components will be implemented over
the next 20 years, resulting in a phased restoration of the affected areas.
(c) The District, as the U.S. Army Corps of
Engineers' local sponsor of the C &SF Project, is charged with implementing the CERP, in accordance with
the Water Resources Development Act of
2000 (WRDA), Title VI entitled "Comprehensive Everglades
Restoration," and in accordance with State law. Assurances regarding water availability for consumptive uses and
protection of natural systems are set forth in WRDA, Chapter 373, F.S., CERP
and the LEC Plan, which will be followed by the District in implementing this
Chapter. Additional quantities of water
for both consumptive uses and the natural systems made available from the CERP
and other water resource development projects will be documented and protected
on a project basis. For project
components implemented under CERP, the additional quantity, distribution and
timing of delivery of water that is made available for the natural system for
consumptive use, will be identified consistent with purposes of the CERP. Under State law, water reservations and
water allocations to consumptive uses will be utilized to protect water
availability for the intended purposes.
(3) Lake Okeechobee. The
LEC Plan contains an approved prevention strategy for Lake Okeeechobee pursuant
to Section 373.0421, F.S. The
prevention strategy consists of implementing
the District's water shortage plan, including supply side management, as
simulated in the LEC Plan, and constructing and operating water supply and
resource development projects.
(4) Biscayne Aquifer. The
LEC Plan contains an approved prevention strategy for the Biscayne Aquifer
pursuant to Section 373.0421, F.S., which consists of the following:
(a) Maintain coastal canal stages at the
minimum operation levels shown in Table J-2 of the LEC Plan;
(b) Apply conditions for permit issuance in
Chapter 40E-2 or 40E-20, F.A.C., to prevent the harmful movement of saltwater
intrusion up to a 1-in-10 year level of certainty;
(c) Maintain a ground water monitoring
network and utilize data to initiate water shortage actions pursuant to Rule
40E-8.441, F.A.C. and Chapters 40E-21 and 40E-22, F.A.C.;
(d) Construct and operate water resource and
water supply development projects; and
(e) Conduct research in high risk areas to
identify where the portions of the saltwater front is adjacent to existing and
future potable water sources.
(5) Lower West Coast Aquifers.
The LWC Plan identifies a prevention strategy for the LWC Aquifers,
pursuant to Section 373.0421, F.S., as follows:
(a) Establish "no harm" maximum
permittable levels for each aquifer (regulatory levels) for a 1-in-10 year
level of certainty;
(b) Implement rule criteria to prevent harm
through the consumptive use permitting process,
including conditions for permit issuance in Rule 40E-2.301, F.A.C.;
(c) Construct and operate water resource and
supply development projects; and,
(d) Implement the water shortage plan in
Chapter 40E-21, F.A.C., as needed to prevent serious harm during drought
conditions in excess of a 1-in-10 year level of certainty.
Specific Authority 373.044,
373.113, 373.171 FS.
Law Implemented 373.016, 373.036, 373.0361, 373.042,
373.0421 FS.
History - New 9-10-01.
40E-8.431 Consumptive Use
Permits.
(1) Consumptive
use permit applications that propose to withdraw water directly or indirectly
from a MFL water body, that meet the conditions for permit issuance in Part II
of Chapter 373, F.S., (including implementing rules in this chapter, Chapter
40E-2, the Water Use Basis of Review, and 40E-20, F.A.C. as applicable), and are consistent with the approved recovery and
prevention strategies under Section 373.0421, F.S., will be permitted. Consumptive use permit applications will be
reviewed based on the recovery and prevention strategy approved at the time of
permit application review.
(2) An existing permit will not be subject to revocation or
modification by the District, prior to permit expiration, based on its impact
on a MFL water body, unless the District has determined in the regional water
supply plan that the reasonable-beneficial use served by the existing permitted
allocation can otherwise be met from new or alternative water sources available
(in place and operational) concurrent with such revocation or modification.
(3) A permittee must comply with the requirements of Rule
40E-2.351, F.A.C., in order to obtain a permit transfer to a new
permittee.
Specific Authority 373.044,
373.113, 373.171 FS.
Law Implemented 373.016, 373.036, 373.0361, 373.042,
373.0421 FS.
History - New 9-10-01.
40E-8.441 Water Shortage Plan Implementation.
(1) Water shortage restrictions will be imposed as required
by District rules, on the direct or indirect withdrawals from a MFL
water body if a MFL exceedance occurs or is projected to occur during climatic
conditions more severe than a 1 in 10 year drought, to the extent consumptive
uses contribute to such exceedance.
Under these circumstances, the District will equitably distribute
available supplies to prevent serious harm to the water resources, pursuant to
Sections 373.175 and 373.246, F.S., and the District's Water Shortage Plan,
Chapter 40E-21, F.A.C. The Water
Shortage Plan utilizes a phased cutback approach with the severity of use
restrictions increasing commensurate with increased potential for serious harm to
the water resources.
(2) Water shortage restrictions will not be used in place of a
component in an approved recovery plan to provide hydrologic benefits that are
ultimately to be provided by such recovery strategy.
(3) MFL criteria will not be utilized to trigger water shortage
restrictions during climatic conditions less severe than a 1 in 10 year level
of drought.
(4) Water shortage restrictions will be implemented considering
the factors in Chapter 40E-21, F.A.C., and this rule. In declaring a water shortage to protect a MFL water body, the
governing board shall give consideration to:
(a) The level of drought;
(b) Whether the MFL criteria will be or is
being exceeded due to direct or indirect withdrawals;
(c) The magnitude of the impact on the MFL
water body, including water resource functions addressed by the MFL, from such
withdrawals;
(d) The magnitude of the regional hydrologic
improvements projected to be derived from the proposed cutbacks;
(e) Water management actions significantly
contributing to the MFL exeedance; and
(f) The practicality of using other
methods, such as deliveries of water from the regional system, to reduce MFL
exceedances.
(5) The establishment and implementation of MFLs shall not limit
the District's ability to impose water shortage restrictions pursuant to Sections
373.175 and 373.246, F.S., and the District's Water Shortage Plan, Chapter
40E-21, F.A.C., when water levels in a MFL water body are above an established
MFL, nor shall it limit the District's ability to allow for the discharge or withdrawal of
water from a MFL water body, when water levels are below an established MFL.
(6) Phase III water shortage restrictions may be imposed,
consistent with the factors herein, when a MFL criteria exceedance or violation
is imminent. Phase III or greater
water shortage restrictions shall be implemented allowing for a shared
adversity between continuing consumptive use and water resource needs.
Specific Authority 373.044,
373.113 FS.
Law Implemented 373.042,
373.0421, 373.175, 373.246 FS.
History - New 9-10-01.