9375455, 40D-80.075 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9375455

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

- RECOVERY AND PREVENTION STRATEGIES FOR MINIMUM FLOWS AND LEVELS

Overview

RULE:

40D-80.075

Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area (Repealed)

PURPOSE:

In January 2010, farmers in the Dover/Plant City area pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet and caused more than 750 temporarily dry wells for neighboring homeowners. Pumping groundwater for freeze protection is a best management practice for strawberry, citrus, and other industries and is authorized by water use permits. However, the farmers were responsible for fixing hundreds of the dry wells. Amendments to Chapter 40D-80, Florida Administrative Code are being made as part of a rulemaking package, which will also include amendments to Chapters 40D-1, 40D-2, and 40D-8, F.A.C., to prevent a similar situation. Amendments to Chapter 40D-8, F.A.C., will establish a minimum aquifer level. The District has determined that the actual levels are below the proposed minimum aquifer level. As required by Section 373.0421, F.S., amendments to Chapter 40D-80, F.A.C., will establish a minimum aquifer level recovery strategy for the Dover/Plant City area. This will be accomplished by the proposed water use permitting rule amendments to Chapter 40D-2, F.A.C., that are part of this rulemaking package, and non-regulatory mechanisms including assistance in offsetting ground water withdrawals for frost/freeze protection through the Facilitating Agricultural Resource Management Systems (FARMS) program.

SUBJECT:

Recovery strategy for the proposed minimum aquifer level for the Dover/Plant City Water Use Caution Area.

RULEMAKING AUTHORITY:

120.54, 373.0421, 373.044, 373.113, 373.171 FS.

LAW:

373.016, 373.023, 373.036, 373.0395, 373.042, 373.0421, 373.171 FS.

PRINT PUBLISH DATE:

11/12/2010 Vol. 36/45

RELATED STATUTES
AND LAWS:

120.54, 373.0421, 373.044, 373.113, 373.171 FS., 373.016, 373.023, 373.036, 373.0395, 373.042, 373.0421, 373.171 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=40D-80.075&PDate=11/12/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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