9510964, 40D-8.626 - Florida Administrative Rules, Law, Code, Register

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Notice: 9510964

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER LEVELS AND RATES OF FLOW

Overview

RULE:

40D-8.626

Minimum Aquifer Levels

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-8, F.A.C., are being made as part of a rulemaking package, which will also include amendments to Chapters 40D-1, 40D-2, and 40D-80, F.A.C., to prevent a similar situation. Effective and complete implementation of the current phase of the management strategy for the Dover/Plant City area frost/freeze crop protection pumping is dependent on each of the proposed amendments to Chapters 40D-1, 40D-2, 40D-8 and 40D-80, F.A.C. Particularly, amendments to Chapter 40D-8 will establish a Minimum Aquifer Level and Minimum Aquifer Level Protection Zone providing a minimum aquifer elevation for the Dover/Plant city area to prevent significant harm from frost/freeze pumpage. The Minimum Aquifer Level is established as part of a comprehensive management program intended to arrest water level declines during frost/freeze events to minimize the potential for impacts to existing legal uses and sinkhole occurrence. The aquifer level at District well DV-1 Suwannee is affected by local and regional groundwater withdrawals. In order to address the effects of local and regional groundwater withdrawals and the variable hydrogeologic factors within the region, a Minimum Aquifer Level Protection Zone is established under proposed Chapter 40D-8. In establishing the Minimum Aquifer Level, the District has determined that the actual water level is below the Minimum Aquifer Level when certain pumping and climatic conditions occur. Therefore, this rulemaking package also proposes a Minimum Aquifer Recovery Strategy under proposed amendments to Chapter 40D-80, F.A.C. Also, this rulemaking package contains amendments to Chapter 40D-2, F.A.C., which sets forth the regulatory portion of the rulemaking package. Additionally, the amendments to Chapters 40D-1 and 40D-2, F.A.C., will incorporate revised and new District water use permit application forms to implement the provisions of the proposed companion amendments to Chapters 40D-2, 40D-8 and 40D-80, F.A.C., to be used in the proposed Dover/Plant City Water Use Caution Area (DPCWUCA).

SUMMARY:

Amendments to Chapter 40D-8, F.A.C., will establish a Minimum Aquifer Level and Minimum Aquifer Level Protection Zone providing a minimum aquifer elevation for the Dover/Plant city area to prevent significant harm from frost/freeze pumpage. The minimum aquifer level is the 10 ft potentiometric surface elevation at District Well DV-1 Suwannee. Compliance with the Minimum Aquifer Level is evaluated using a groundwater flow model simulation of the permitted groundwater frost/freeze withdrawals in the DPCWUCA, which is being established in companion rule amendments to Chapter 40D-2, F.A.C. Based on the annual simulation, if the resulting potentiometric level is at or above 10 ft NGVD at well DV-1 Suwannee, compliance with the Minimum Aquifer Level is achieved. If the resulting level is below 10 ft NGVD at well DV-1 Suwannee, compliance is not achieved. Once the Minimum Aquifer Level is achieved, if the actual potentiometric level falls below the Minimum Aquifer Level during a frost/freeze event, the District shall investigate the cause, re-evaluate the Minimum Aquifer Level, and determine the appropriate recovery strategy. Permittees do not have to demonstrate individual compliance with the Minimum Aquifer Level, only the Minimum Aquifer Protection Zone.
The Minimum Level Protection Zone proposed under amendments to Chapter 40D-8, F.A.C. is defined as an area within the boundary of the 30 ft drawdown contour for the January 2010 frost/freeze event. Proposed amendments to Chapter 40D-2, F.A.C. and the Water Use Permit Basis of Review, Part B (BOR) provide particular compliance regulations based on whether there would be adverse impacts from withdrawals that would impact the Minimum Level Protection Zone.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 FS.

LAW:

373.036, 373.042, 373.0421, 373.709 FS.

PRINT PUBLISH DATE:

12/23/2010 Vol. 36/51

COMMENTS:

From 12/23/2010 To 1/13/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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