19140154, 40BER17-01 - Florida Administrative Rules, Law, Code, Register

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Notice: 19140154

Notice of Emergency Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Overview

RULE:

40BER17-01

Minimum Flows for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring

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 Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring (Outstanding Florida Springs) by July 1, 2017. To ensure that the District meets its statutory requirement to adopt MFLs for  Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring by July 1, 2017, to set limits on further withdrawals that would be significantly harmful to the water resource values (water resources or ecology of the area) of Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring, 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.  The District caused to be published in the May 15, 2017 edition of the Florida Administrative Weekly (Volume 43, Number 94, page 2249) a notice of the District’s regular June 13, 2017 governing board meeting.  The May 15, 2017 notice included a notice that the Governing Board would be considering the adoption of the emergency rule at its June 13, 2017 meeting and identifies the emergency rule by number and title and gives a summary of the emergency rule and the web address where the full text of the emergency rule could be obtained as well as the technical documents used to set the emergency rule.  Further, the District included the 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 Governing Board approved the emergency rule for adoption. The public is given an opportunity to comment on all matters before the Governing Board during its meetings.  The Governing Board’s meeting packet information is posted on the District’s website.  Additionally, on or about May 15, 2017, the District posted on its website a notice that the District would hold two public workshops on the emergency rule at 2:00 pm and 6:00 pm on May 24, 2017 at the District headquarters and that the Governing Board would consider the adoption of the emergency rule at its June 13, 2017 meeting.  At the public workshops, District staff again stated that the Governing Board would consider the adoption of the emergency rule at its June 13, 2017 meeting.  This emergency rule will also be posted on the District’s website.

SUMMARY:

Until a non-emergency rule setting a minimum flow and/or minimum water level for the subject springs becomes effective, this emergency rule will temporarily establish minimum water flows for Falmouth Spring, Lafayette Blue Spring, Peacock Springs and Troy Spring, an Outstanding Florida Springs, pursuant to the mandate of section 373.042, F.S.  Each water flow has an associated allowable percentage reduction of flow.  The terms herein are already defined in Chapter 40B-8, F.A.C. or are defined in the emergency rule itself.  As with all minimum flows and levels established by the District, if adopted, the minimum flows and levels in this rule amendment would be used as a basis for imposing limitations on withdrawals of groundwater and surface water in the consumptive use permit regulatory process and for reviewing proposed surface water management systems in the environmental resource permit regulatory process.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Carlos Herd, Water Supply Division Director, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060; (386) 362-1001, Carlos.Herd@srwmd.org.

PRINT PUBLISH DATE:

6/30/2017 Vol. 43/127

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=40BER17-01&PDate=6/30/2017&Section=4

REFERENCE MATERIALS:

No reference(s).

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