13980724, 40D-8.031 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13980724

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER LEVELS AND RATES OF FLOW

Overview

RULE:

40D-8.031

Implementation

PURPOSE:

The Southwest Florida Water Management District (SWFWMD) gives notice that it is developing rules as part of a statewide effort headed by the Florida Department of Environmental Protection (DEP) and the five water management districts (WMDs) to increase consistency in the consumptive use permitting (CUP), minimum flows and levels (MFLs), and water supply related programs of the WMDs.  The effect of the amendment is to require SWFWMD to simultaneously adopt a recovery or prevention strategy in certain circumstances in order to allow (1) the orderly provision of adequate water for future and existing reasonable beneficial uses; (2) the phasing or a timetable to avoid abrupt modification of existing permits; and (3) interested parties to more fully understand the effects of a proposed MFL.  The amendment also makes conforming changes to incorporate revisions to the Water Use Permit Information Manual Part B and the Environmental Resource Permit Basis of Review.

SUMMARY:

This proposed amendment requires that for future minimum flow or level adoption, and modification of MFLs, the development of a minimum flow or level and any needed recovery or prevention strategy should occur simultaneously.  After initial adoption of a MFL, if new information reveals that a minimum flow or level is not being met, a recovery or prevention strategy shall be expeditiously developed and implemented.

RULEMAKING AUTHORITY:

373.044, 373.113, and 373.171, F.S.

LAW:

373.042, 373.0421, 373.215, 373.219 and 373. 223, F.S.

PRINT PUBLISH DATE:

12/26/2013 Vol. 39/248

COMMENTS:

From 12/26/2013 To 1/16/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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