18819860, 40CER17-02 - Florida Administrative Rules, Law, Code, Register

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Notice: 18819860

Notice of Emergency Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Overview

RULE:

40CER17-02

Supplemental Regulatory Measures for Silver Springs

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The District is required by section 373.042(2)(a), F.S., to adopt a minimum flow or minimum water level (MFL) for Silver Springs (an Outstanding Florida Spring) by July 1, 2017.  Based on the best available information, all three recommended minimum flows and levels in proposed 40C-8.031(7), F.A.C., are currently being achieved; however, the recommended minimum frequent low flow and level for Silver Springs would not be met under projected water use demands through the 20-year planning horizon. Thus, in accordance with section 373.0421(2), F.S., the District has concurrently approved an MFL prevention strategy to prevent the existing flows and levels from falling below the established minimum flows and levels. That strategy includes a regulatory component, consisting of new rules to prevent the existing flows and levels from falling below the minimum flows and levels for Silver Springs. To ensure that the District meets its statutory requirement under section 373.0421(2), F.S., to adopt the regulatory component of the MFL prevention strategy in proposed 40C-2.101, F.A.C., by July 1, 2017, to prevent the existing flows and levels from falling below the proposed minimum flows and levels for Silver Springs, 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.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure used by the District to adopt the emergency rule is fair under the circumstances. Affected persons have had a minimum of one week prior notice of the emergency rule. The District included the proposed emergency rule in the Governing Board’s monthly meeting packet which is available to the public at a minimum of seven days prior to the day that the Board and Executive Director approved and filed the emergency rule for adoption. The public is given an opportunity to comment on all matters before the Board during its meetings. The Board’s meeting packet information is posted on the District’s website. Additionally, on March 9, 2017, the District posted on its website a copy of the regulatory part of the prevention strategy proposed in rule 40C-2.101, F.A.C., and stated that the District intended to adopt the prevention strategy rules as emergency rules by April 13, 2017. At the rule workshop held on March 16, 2017, District staff again stated that the District intended to adopt the prevention strategy rules as emergency rules by April 13, 2017. This emergency rule will also be posted on the District’s website.

SUMMARY:

Until the regulatory part of the prevention strategy proposed in rule 40C-2.101, F.A.C., becomes effective, this emergency rule will temporarily prevent the existing flows and levels from falling below the minimum flows and levels for Silver Springs in emergency rule 40CER17-01 and in proposed 40C-8.031(7), F.A.C. Among other things, this emergency rule will: (1) define terms used in the rule; (2) delineate the boundaries of the area in which the new rule applies; (3) restrict certain upper Floridan groundwater uses that have the potential to impact Silver Springs without a supplemental water supply or offset project to no more than demonstrated 2024 demand; (4) provide options for addressing potential impacts to Silver Springs; (5) provide a temporary groundwater allocation for certain permittees that are diligently pursuing a supplemental water supply or offset project; (6) clarify that irrigation allocations for agricultural, recreational, or landscape uses include both an allocation for average climatic conditions as well as drought conditions; and (7) provide criteria for self-relocations of reasonable-beneficial permitted allocations.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Thomas Mayton, Jr., Esq., St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, (386)329-4108, tmayton@sjrwmd.com.

PRINT PUBLISH DATE:

4/12/2017 Vol. 43/71

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40CER17-02&PDate=4/12/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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