30219979, 62-42.200 - Florida Administrative Rules, Law, Code, Register

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Notice: 30219979

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

Minimum Flows and Levels

Overview

RULE:

62-42.200	Definitions
62-42.300	Minimum Flows and Levels and Recovery and Prevention Strategies

PURPOSE:

The purpose of this rule is to strike the previously-adopted minimum flows (MFLs) for the Lower Santa Fe and Ichetucknee Rivers and Priority Springs (LSFIR) and their recovery strategy and adopt new MFLs for the LSFIR and an associated implementation strategy. This rule is effective in the North Florida Regional Water Supply Partnership (NFRWSP) area of the St. Johns River and Suwannee River Water Management Districts. Specifically, in Rule 62-42.200, the Department proposes for adoption technical definitions used in the chapter. Rule 62-42.300 proposes for adoption MFLs for the LSFIR and the regulatory components of the associated implementation strategy. The MFLs and Implementation Strategy in this rule amendment would be used as a basis for imposing limitations and requirements for water withdrawals in the consumptive use permit regulatory process and, where applicable, for reviewing proposed surface water management systems in the environmental resource permit regulatory process.

SUMMARY:

In 2014, The Florida Department of Environmental Protection (DEP) adopted the current MFLs for the LSFIR, which include six Outstanding Florida Springs (OFS), and adopted regulatory portions of the recovery strategy. The purpose of this proposed rule is to replace the previously-adopted MFLs for the LSFIR with new MFLs and adopt an associated implementation strategy, as required pursuant to Sections 373.0421 and 373.805, F.S. Rule 62-42.200, F.AC., defines terms applicable to all rules in Chapter 62-42, F.A.C. Rule 62-42.300, F.A.C., proposes for adoption the MFLs for the LSFIR along with the regulatory components of the implementation strategy applicable within the NFRWSP area, including: conservation-related requirements for water use associated with new private residential irrigation wells; water conservation requirements for public supply, agricultural, industrial, commercial, and institutional water uses; monitoring and reporting requirements, updating existing requirements for water uses in the Suwannee River Water Management District; and offset requirements for impacts associated with increases in water use. Department-adopted MFLs and applicable implementation strategies are effective in all applicable water management districts without the need for further rulemaking.

RULEMAKING AUTHORITY:

373.026(6), 373.043, 373.171, 373.227, 373.250, 373.805, 373.813, F.S.

LAW:

373.016, 373.019, 373.023, 373.026, 373.042, 373.0421, 373.046, 373.086, 373.103, 373.106, 373.113, 373.116, 373.118, 373.171, 373.175, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, 373.418, 373.451, 373.453, 373.62, 373.703, 373.705, 373.707, 373.709, 373.802, 373.805, 373.813, 373.802, 373.805, 373.813, 403.064, F.S.

PRINT PUBLISH DATE:

11/13/2025 Vol. 51/221

COMMENTS:

From 11/13/2025 To 12/4/2025 (21 Days)

REFERENCE MATERIALS:

Ref-18920 Form 62-42.300(4) No-Fee Noticed General Consumptive Use Permit
Ref-18921 Monitoring and Reporting Requirements: Implementation Strategy for the LSFIR MFLs
Ref-18922 Water Use/Pumpage Report Form (EN-50), Form 62-42.300(5)(a)
Ref-18923 Annual Statement of Continuing Use, Form 62-42.300(5)(b)
Ref-18924 Flow Meter Accuracy Report Form (EN-51), Form 62-42.300(5)(c)
Ref-18925 Alternative Method Flow Verification Report Form, Form 62-42.300(5)(d)
Ref-18926 Public Supply Five-Year Water Conservation Report, Form 62-42.300(6)(b)
Ref-18927 Agricultural Water Conservation Report, Form 62-42.300(6)(c)
Ref-18928 CII/MD/LR Water Conservation Report, Form 62-42.300(6)(d)
Ref-18929 Offset Requirements: Implementation Strategy for LSFIR MFLs
Ref-18930 Section 2.2 of the St. Johns River Water Management District Applicant’s Handbook: Consumptive Uses of Water
Ref-18931 Section 2.3 of the Suwannee River Water Management District Water Use Permit Applicant’s Handbook
Ref-18933 Water Conservation Requirements: Implementation Strategy for LSFIR MFLs
Ref-18934 Public Supply Annual Report, Form 62-42.300(6)(a)

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