12760076, 40E-10.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 12760076

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

Water Reservations

Overview

RULE:

40E-10.021	Definitions
40E-10.031	Water Reservations Implementation
40E-10.041	Water Reservation Areas: Lower West Coast Planning Area
40E-10.051	Water Reservation Areas: Upper East Coast Planning Area
40E-10.061	Water Reservation Areas: Lower East Coast Planning Area

PURPOSE:

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.  In addition, the District proposes non-substantive changes to Figures referenced in Definitions and Upper East Coast Planning Area.

SUMMARY:

The District proposes to reserve from allocation to a water use permit all surface water flowing through the canals depicted in red in Figure 1. Withdrawals of surface water will also not be permitted from facility intakes physically located within the surface water column of the “Nearshore Central Biscayne Bay”. Existing legal uses of this water at the time of rule adoption will not be affected by the water reservation. This reservation also does not affect surface water from canals outside of the identified protected canals and groundwater. The water reservation does not affect the blue portions of the canal reaches shown in Figure 1.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, F.S.

LAW:

373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470, F.S.

PRINT PUBLISH DATE:

5/15/2013 Vol. 39/95

COMMENTS:

From 5/15/2013 To 6/5/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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