25378418, 40E-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25378418

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

CONSUMPTIVE USE

Overview

RULE:

40E-2.091

Publications Incorporated by Reference

PURPOSE:

To amend existing consumptive use permitting criteria to protect water made available by the Loxahatchee River Watershed Restoration Project (LRWRP), a component of the Comprehensive Everglades Restoration Plan (CERP). The proposed rule development involves amending the Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District (Applicant’s Handbook) to expand the Lower East Coast Regional Water Availability criteria’s definition of North Palm Beach County/Loxahatchee River Watershed Waterbodies to include several LWRWP project components. The rulemaking effort will also adopt rules to protect the groundwater associated with the project’s aquifer storage and recovery wells that will be located at the C-18W Reservoir site. The need for rulemaking is twofold: 1) the Northwest Fork of the Loxahatchee River MFL [Rule 40E-8.421(6)(a), F.A.C.] identifies the Lower East Coast Regional Water Availability criteria as part of the MFL recovery strategy; and 2) the LRWRP is a CERP effort that requires project water be protected. The existing Lower East Coast Regional Water Availability restricted allocation area boundary includes most, but not all, the areas in the LRWRP.

SUBJECT:

Amending existing rules to provide water resource protection for the LRWRP.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171, 373.216 FS.

LAW:

373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS

PRINT PUBLISH DATE:

12/21/2021 Vol. 47/245

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.171, 373.216 FS., 373.042, 373.0421, 373.083, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS

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=40E-2.091&PDate=12/21/2021&Section=1

REFERENCE MATERIALS:

No reference(s).

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