5784612, 40E-8.421 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5784612

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

MINIMUM FLOWS AND LEVELS

Overview

RULE:

40E-8.421

Prevention and Recovery Strategies

PURPOSE:

To identify Lake Okeechobee as a waterbody which has experienced or is projected to experience minimum flow and level violations and establish a recovery strategy for Lake Okeechobee. Lake Okeechobee is a part of the Central and Southern Florida Flood Control Project and is subject to a U.S. Army Corps of Engineers (USACE) regulation schedule. Under implementation of the former Water Supply and Environment Lake regulation schedule, the Lake Okeechobee minimum flow and level was not projected to be violated and a prevention strategy existed. Due to recent implementation of a new USACE Lake regulation schedule, the Lake’s minimum flow and level is now projected to be violated and a recovery strategy is necessary. This rule changes the Lake’s status from prevention to recovery and details the essential components of the Lake’s recovery strategy.

SUMMARY:

The proposed rules change Lake Okeechobee’s minimum flow and level status from prevention to recovery. Moreover, the rule identifies the recovery strategy’s four components which will be fully described in the LEC Regional Water Supply Plan Appendix H update. One of these components concerns regulatory constraints which are detailed in a companion rulemaking effort and found in Chapter 40E-2, F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 FS.

LAW:

373.016, 373.036, 373.0361, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246 FS.

PRINT PUBLISH DATE:

7/3/2008 Vol. 34/27

COMMENTS:

From 7/3/2008 To 7/24/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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